A  COMPILATION  A'ND  DIGEST 

OF  THE 

LAWS  RELATING  TO  COMMON  SCHOOLS, 

APPL1CABLK  TO  THE 

CITY  AND  COUNTY  OF  NEW-YORK, 

WITH  OBSERVATIONS  OX  THE  SAME. 

PREPARED  BY  MARSHALL  S.  BID  WELL,  ESQ., 

BY  REQUEST  OF 

THE  COMMITTEE  ON  DIGEST  OF  LAWS  RELATING  TO  COMMON  SCHOOLS,  &c. 

APPOINTED  BY 

THE  BOARD  OF  EDUCATION. 


PRESS  OF 


NEW -YORK! 


M .  DAY  &  CO.,  374  PEARL-STREET. 

JAMES  EGBERT,  PRINTER. 

1842. 


itx  ICtbrtB 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Sver'thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


A  COMPILATION 


OF  THE 


Kf  LAWS  RELATING  TO  COMMON  SCHOOLS 


APPLICABLE  TO 


THE  CITY  AND  COUNTY 


OF 


NEW. YORK 


N  E  w-y  ork: 

PRESS   OP   MAHLON  DAY  &  CO.,   374,  PEARL-STREET, 
JAMES  EGBERT,  PRINTER. 


18  4  2 


Board  of  Education,  June  23,  1842. 
Resolved,  that  the  President,  John  Slosson,  Thomas  Jeremiah, 
Gerardus  Clark,  and  Isaac  A.  Johnson,  be  a  Committee  to  prepare  a 
Digest  of  the  Laws  relative  to  Common  Schools,  applicable  to  this  city. 


A  COMPILATION  OF  THE  LAWS 

RELATING  TO 

COMMON  SCHOOLS, 

APPLICABLE  TO 

THE  CITY  AND  COUNTY  OF  NEW-YORK. 


[All  the  provisions  of  the  act  of  April  llth,  1842,  chapter  150,  to  extend  to  the  city 
and  county  of  New- York  the  provisions  of  the  general  act  in  relation  to  common 
schools,  and  such  provisions  of  the  Revised  Statutes,  and  of  subsequent  laws  as  are 
by  that  act  extended  to  the  city  and  county  of  New-York,  are  embodied  in  this 
compilaiion. 

The  original  number  of  each  section  is  in  all  cases  retained,  whether  it  was  apart 
of  the  Revised  Statutes,  or  was  taken  from  some  subsequent  act.  In  the  latter  case 
there  is  a  reference  to  a  note  at  the  foot  of  the  page,  which  gives  the  particular  chap- 
ter from  which  the  section  is  taken,  and  its  number  is  enclosed  within  brackets,  in 
lorder  to  distinguish  it  from  the  sections  of  the  Revised  Statutes,  which  are  printed 
Jwith  the  section  mark  only. 

When  there  is  no  reference  to  any  chapter,  the  sections  are  taken  from  the  Revised 
Statutes,  Title  II.  Chapter  XV.  Part  1.  The  letters  R.  S.  refer  to  this  Tide  of  the 
Revised  Statutes.  When  the  law  of  1842  is  referred  to,  the  abovementioned  act, 
chapter  150..  is  intended.  WThen  the  law  of  1341  is  referred  to,  chapter  260  of  the 
laws  of  that  year  is  intended. 

To  facilitate  reference  to  them,  the  sections  in  this  compilation  are  also  numbered 
continuously  from  the  first  to  the  last,  without  regard  to  the  Statutes  from  which  they 
are  taken.    The  index  at  the  end  refers  to  these  numbers.] 


I. 

I  Provisions  extending  to  the  several  Wards  of  the  City  and 
County  of  New- York  for  the  purposes  of  the  School  Laws, 
the  character  of  towns. 

No.  1.  [§  3.] — By  the  third  section  of  the  Act  passed  lithEach  w&ra 
April,  1842,  Chapter  150,  entitled  "An  Act  to  extend  to  the  Newark0 
i  City  and  County  of  New- York  the  provisions  of  the  general  d0erbed  f0°rnsl" 
Act  in  relation  to  Common  Schools,"  it  is  enacted,  that,  for  allcertain  v™' 

_  '  '  '  poses  as  a 

I  the  purposes  of  that  Act,  each  of  the  several  wards  into  which  separate 
i  the  city  and  county  of  New-York  now  is  or  may  be  hereafter town' 
divided,  shall  be  considered  as  a  separate  town  and  liable  to  all 
the  duties  imposed,  and  entitled  to  all  the  powers,  privileges, 
immunities,  and  advantages  granted  by  the  third,  fourth,  fifth, 
and  sixth  Articles  of  Title  Two,  Chapter  Fifteen,  Part  First  of 
j  the  Revised  Statutes,  to  the  several  towns  in  this  state,  so  far 
as  the  same  are  consistent  with  this  Act.1 


(1)  Law  of  1842. 


SCHOOL  MONEY. 


LawBdeciar-    flr0<  2.  [§  4.1— The  last  section  of  the  Act  of  May  26th,  1841, 

cd    apphca-  .  ,    J-       J-  .         ,  -  .  '  . 

tie  to  the  is  repealed,  and  all  the  other  sections  01  that  act,  not  inconsistent 
cuy  of  New- wjth  the  provisions  of  the  act  of  llth  Aprilj  1842;  and  all  the 

provisions  of  the  abovementioned  articles  of  the  Revised  Sta- 
tutes, not  inconsistent  with  the  provisions  of  the  act  of  llth 
April,  1842,  are  declared  applicable  to  the  city  and  county  of 
New- York.1 

The  com-      No.  3.  [II.]    The  commissioners,  inspectors,  and  trustees  of 
inspectors'  common  schools,  elected  as  hereinafter  mentioned  for  the  seve- 
ther  sevT  ral  wards  in  the  said  city  and  county,  shall  have  the  like  powers 
Se  dTof"1  anc^  ^e  SUDJect  t0  tne  same  duties  respectively  as  the  commis- 
Nwnr-York  sioners  and  inspectors  of  common  schools  of  the  several  towns 
hkeapmveres  of  the  state ;  and  the  trustees  of  common  schools  in  the  said 
gltoSwn wanls  shall  be  trustees  of  the  school  districts  which  may  be 
officers.     formed  therein,  with  the  like  powers  and  duties  as  the  trustees 
of  school  districts  in  the  several  towns  of  this  state,  except  as 
is  otherwise  provided  in  the  act  of  April  llth,  1842,  with  res- 
pect to  the  powers  and  duties  of  such  commissioners,  inspectors 
and  trustees.1 

II. 

Of  the  School  Money. 

City  Cham-  , 

ap[)iyforand  ^  •      — The  chamberlain  of  the  city  and  county  shall 

receive  the  apply  for  and  receive  the  school  monies  apportioned  to  the  city 
school  mo-  alljcounty  as  soon  as  the  same  become  payable. 
at!Srckoumyy  No.  5.  [§  8.]— Whenever  the  clerk  of  the  city  and  county 
to  lay  before  shall  receive  notice  from  the  superintendent  of  common  schools 
ors  the  no-  of  the  amount  of  monies  apportioned  to  the  city  and  county  for 
uonme^t^- the  support  and  encouragement  of  common  schools  therein,  he 
SfmS  sna^  immediately  lay  the  same  before  the  supervisors  of  the 

tendent  of    city  and  COUlltV.1 
schools.  •  J 

JSosede b  [§  9.]— The  supervisors  shall  annually  raise  and  col- 

supervisors7  lect  by  tax  upon  the  inhabitants  of  the  said  city  and  county, 

on  the  inha- 
bitantsofthe 
city, 

SJmVVi-8  1-  ^  sum  °f  money  equal  to  the  sum  specified  in  such  notice, 
fied -in  such  at  the  same  time  and  in  the  same  manner  as  the  contingent 

charges  of  the  city  and  county  are  levied  and  collected  ; 
Also,  one-  2.  Also  a  sum  of  money  equal  to  one-twentieth  of  one  per 
one  per  cent,  cent  of  the  value  of  the  real  and  personal  property  in  the  said 
reafand  per-  city  liable  to  be  assessed  therein,  to  be  applied  exclusively  to  the 
petty  iS'the  PurPoses  °f  common  schools  in  said  city  ; 
ffi  such  3.  And  such  further  sum  as  may  be  necessary  for  the  support 
asrmayrbeum  and  benefit  of  common  schools  in  said  city  and  county,  to  be 
necessary,  raise(^  levied.,  and  collected  in  like  manner ;  and  which  shall 


(1)  Law  of  1842. 


SCHOOL  OFFICERS. 


5 


be  in  lieu  of  all  taxes  and  assessments  to  the  support  of  common 
schools  for  said  city  and  county.1 

No.  7.  r §  10.1 — The  said  supervisors  shall  on  or  before  theChamber- 

•  t  i  r  i  lain  to  depo- 

first  day  of  May  in  every  year,  direct  that  a  sum  ot  money  equal  sit  in  bant 
to  the  amount  last  received  by  the  chamberlain  of  the  city  and  receded"1* 
county,  from  the  common  school  fund,  be  deposited  by  him,  sX!o\hfund 
together  with  the  sum  so  received  from  the  school  fund,  in  one  and  a  fur. 
of  the  incorporated  banks  in  the  said  city  and  county,  (such  equal  there- 
bank  to  be  designated  by  the  said  supervisors,)  to  the  credit  of  [°'tne  credit 
the  commissioners  of  common  schools  in  each  of  the  said  seve-  ^^2;°™' 
ral  wards,  in  the  proportions  to  which  they  shall  respectively  be  of  common 
entitled,  and  subject  only  to  the  drafts  of  the  said  commissioners schools- 
respectively l* 

(For  the  appropriation  of  the  school  monies  by  the  board  of 
education  see  No.  16.) 

III. 

Of  the  Officers  appointed  to  carry  into  effect  the  School  Sys- 
tem in  the  City  of  New-  York. 

No.  8.  ["§1.1 — Two  commissioners,  two  inspectors,  and  five  Commis: 

it       J  i  i        sioners,  in- 

trustees  oi  common  schools  are  to  be  elected  in  each  ward  of  sPectors,and 
the  city  and  county  of  New- York  ;  they  are  to  be  chosen  by  KiectecTin 
ballot,  at  a  special  election  to  be  held  on  the  first  Monday  0feachward- 
June  annually,  by  the  persons  qualified  to  vote  for  charter  offi- 
cers in  the  said  wards.1 

No.  9.  [§  36.] — A  deputy  superintendent  of  common  schools  JSSSSit 
for  the  city  and  county  of  New- York  is  to  be  appointed  by  the  tooinbt|daP" 
board  of  supervisors.    He  is  to  hold  his  office  for  two  years,  Tenure  of 
subject  to  removal  by  the  board  of  supervisors,  on  complaint office' 
for  causes  to  be  stated.2 

No.  10.  [§  37.]— He  may  at  any  time  resign  his  office  to  the *^**jn 
clerk  of  the  city  and  county  ;  in  which  case  such  clerk  may  fill  superintend- 
the  vacancy  until  the  next  meeting  of  the  board  of  supervisors.2  ent' 

No.  11.  r§  1.1 — The  board  of  education  may  appoint  a  clerk,  Clerk  tc\ be 

l       j  j      i  i  7  appointed  to 

whose  compensation  shall  be  fixed  and  paid  by  the  supervisors  the  board  of 
of  the  city  and  county.1  education- 

No.  12.  [§  6.] — The  commissioners  of  common  schools  of  appointed  by 
each  ward  are  authorized  to  appoint  a  clerk,  whose  compensa-  Jjj^eSJ^ 
tion  shall  be  settled  and  paid  by  the  board  of  supervisors.1  eachwird. 

IY. 

Of  the  Powers  and  Duties  of  Commissioners  of  Common 

Schools. 

No.  13.  [§  1.] — The  commissioners  of  common  schools  shall  ^oard  °f  ed- 
constitute  a  board  of  education  for  the  city  of  New  York ;  a 

(1)  Law  of  1842.   (2)  Law  of  1841,  chapter  260. 
*  These  proportions  will  be  ascertained  from  the  copy  of  the  apportionment  filed 
with  the  chamberlain  by  the  board  of  education.    (See  No.  16.) 


6 


POWERS  AND  DUTIES 


president,  majority  of  whom  shall  form  a  quorum  ;  they  shall  elect  one  o< 
cierk.       their  number  to  preside  at  their  meetings,  which  shall  be  held  at 

least  as  often  as  once  in  three  months  ;  and  they  may  appoint  a  • 

clerk.1 

Reports  to       No.  14.  [7,  14.] — To  this  board  certificates  or  reports  are  to  be 
the  board?  made  as  hereinafter  mentioned  by  the  following  officers;  viz.  \ 
by  the  commisioners  and  inspectors  of  every  ward  respectively 
as  to  the  necessity  of  organizing  one  or  more  schools  in  such 
ward  ;  (see  No.  28 ;)  by  the  trustees,  inspectors,  and  commis- 
sioners, of  the  several  wards,  and  the  deputy  superintendent  of 
schools  of  the  teaching,  inculcation  or  practice  of  any  religious 
sectarian  doctrine  or  tenet  in  any  of  the  schools  of  their  res- 
schoois      pective  wards  ;  by  individual  commissioners  on  the  subject  of 
(See No.  46.)  fygfa  examinations  ;  (see  Nos.  15, 25  ;)  and  by  the  commissioners 
of  the  several  wards  of  all  reports  made  to  them  by  the  trustees 
and  inspectors  of  their  respective  wards.  (See  No.  25. )l 
visits  and      No.  15.  [$  14.] — The  board  and  any  member  of  it  may  at  any 
SoMof'     ume  Ylsli  and  examine  any  school  subject  to  the  provisions  of 
Seboard?  me  Law  of  April  11,  1842,  Chap.  150,*  and  individual  com- 
missioners shall  report  to  the  board  the  result  of  their  examina- 
tions. 

Duties  of  the    No.  16.  [§  15.] — It  shall  be  the  duty  of  this  board  to  apply 
for  the  use  of  the  several  districts  such  monies  as  shall  be  raised 
to  erect,  purchase,  or  lease  school  houses,  or  to  procure  the  sites 
thereof;  and  also  to  apportion  among  the  several  schools  and  dis- 
tricts* provided  for  by  the  Act  of  1842,  Chap.  150,  the  school 
monies  to  be  paid  over  to  the  commissioners  of  schools  in  each 
ward,  by  virtue  of  the  tenth  section  of  that  Act,  (see  No.  7,)  and 
to  file  with  the  chamberlain  of  the  city  and  county,  on  or  before 
the  fifteenth  day  of  April  in  each  year  a  copy  of  such  appor- 
tionment, stating  the  amount  thereof  to  be  paid  to  the  commis- 
sioners of  each  ward.1 
Apportion-      No.  17.  [§  15.] — This  apportionment  shall  be  made  among 
among  the  the  several  schools  and  districts  according  to  the  average  num- 
SSl  andDer  °f  children  over  four  and  under  sixteen  years  of  age,*who 
districts,     shall  have  actually  amended  such  school  the  preceding  year. 
But  no  such  school  shall  be  entitled  to  a  portion  of  such  monies 
that  has  not  been  kept  open  at  least  nine  months  in  the  year,  or 
in  which  any  religious  doctrine  or  tenet  shall  have  been  taught, 
inculcated  or  practised,  or  which  shall  refuse  to  permit  the  visits 
and  examinations  of  the  board  of  education  or  any  of  its  mem- 
bers, or  of  the  deputy  superintendent  of  common  schools,  or  of 
the  inspectors  or  trustees  of  the  Ward  in  which  it  is  situated,  as 
provided  for  by  the  said  Act.1 
Money  to  be    No.  18.  §  23. — In  making  the  apportionment  of  monies  among 

withheld  if 
no  sufficient 

£eepe°nrt  haS  (1)  Law  of  1842. 

received,        *  These  are  the  schools  hereinafter  named  in  No.  90,  and  all  district  schools  that 
may  be  formed  in  the  manner  hereinafter  mentioned. 


OF  COMMISSIONERS.  7 

the  several  school  districts,  no  share  shall  be  allotted  to  any  dis- 
trict from  which  no  sufficient  annual  report  shall  have  been 
received,  for  the  year  ending  on  the  last  day  of  December  im- 
mediately preceding  the  apportionment. 

No.  19.  §  24. — -No  money  shall  be  apportioned  and  paid  to  ib. 
any  district  unless  it  shall  appear  by  such  report,  that  a  school 
had  been  kept  therein  for  at  least  four  [nine]*  months  during  the 
year  ending  at  the  date  of  such  report,  by  a  qualified  teacher ; 
and  that  all  monies  received  from  the  commissioners  during 
that  year  have  been  applied  to  the  payment  of  the  compensation 
of  such  teacher. 

No.  20.  [§  2.] — Whenever  an  apportionment  of  the  public  But  superin. 
monev  shall  not  be  made  to  any  school  district,  in  consequence  fendem  may 

n       J         ..         ,         ..  J  ,  '         -      iii         direct  appor- 

of  any  accidental  omission  to  make  any  report  required  by  law,  uonment 
or  to  comply  with  any  other  provision  of  law,  or  any  regulation,  omSion  fo 
the  superintendent  of  common  schools  may  direct  an  apportion- ac" 
ment  to  be  made  to  such  district  according  to  the  equitable 
circumstances  of  the  case,  to  be  paid  out  of  the  public  money 
on  hand  ;  or  if  the  same  shall  have  been  distributed,  out  of  the 
public  money  to  be  received  in  a  succeeding  year.1 

No.  21.  §  26. — If  after  the  time  when  the  annual  reports  are  Apporuon- 
required  to  be  dated,t  and  before  the  apportionment  of  the  school  Set1  auered 
monies  shall  have  been  made  by  the  commissioners,  [the  board  Jeport?nnuaI 
of.  education,]  a  new  district  shall  be  formed  in  the  town  [ward] 
so  as  to  render  an  apportionment  founded  solely  on  the  annual 
reports  unjust  as  between  two  or  more  districts  of  the  town, 
[city,]  the  commissioners  [the  board  of  education]  shall  make  an 
apportionment  among  such  districts,  according  to  the  number  of 
children  in  each  over  the  age  of  five  [fonr]t  and  under  sixteen 
years,  ascertaining  that  number  by  the  best  evidence  in  their 
power,  t 

No.  22.  [§  1.] — The  provisions  in  the  last  section  are  extended  ib. 
to  all  cases  where  a  school  district  shall  have  been  formed  at 
such  time  previous  to  the  first  day  of  January  as  not  to  have 
allowed  a  reasonable  time  to  have  kept  a  school  therein  for  the 
term  of  three  [nine]2  months,  such  district  having  been  formed 
out  of  a  district  or  districts  [ward]  in  which  a  school  shall  have 
been  kept  for  three  [nine]2  months,  by  a  teacher  duly  qualified, 
during  the  year  preceding  the  first  day  of  January.3* 

*  Law  of  1842.  §  15.   t  Law  of  1841,  Chap.  260. 

t  Whether  the  accomodation  of  these  provisions  to  the  system  established  by  the 
Act  of  1842,  so  as  to  give  the  board  of  education  the  power  which  the  provisions  in 
terms  confer  on  the  school  commissioners  of  each  town  does  not  exceed  the  just 
limits  to  which  a  mere  compilation  of  the  law  should  be  confined,  deserves  consider- 
ation. But,  without  such  accommodation,  the  provisions  are  inapplicable  in  the 
city,  as  the  commissioners  of  each  separate  ward  have  no  power  of  making1  an 
apportionment  of  the  school  monies ;  a  duty  which  belongs  exclusively  to  the  board 
of  education.  The  necessity  and  justice  of  some  provisions  like  these  are  obvious. 
On  the  whole,  such  an  application  of  the  law,  with  this  necessary  accommodation, 
seems  to  be  within  the  equity  of  the  statute. 

(1)  Law  of  1841,  Chap.  260.    (2)  Law  of  1842,  $  15.    (3)  Law  of  1831,  Chap.  206 


8 


POWERS  AND  DUTIES 


Bond  of        jf0  23.  r§  17.1— The  Commissioners  of  each  Ward  shall 

commission-  L     i      J     r        i     •      i       •  -i  i  i  •  i 

ersfor       within  niteen  days  alter  their  election,  execute  and  deliver  to  trie 
folmanceer  supervisors  aforesaid,  a  bond  with  such  sureties,  as  said  super 
visors  shall  approve,  in  the  penalty  of  double  the  amount  oi 
public  money  appropriated  to  the  use  of  the  Common  Schools 
of  their  respective  Wards,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  their  office,  and  the  proper  application  of 
all  monies  coming  in  their  hands  for  Common  School  purposes.1 
comrnis-        j\T0.  24.  [?  14.] — It  shall  be  the  duty  of  the  commissioners  of 
asceriain     each  ward,  from  time  to  time,  and  as  frequently  as  need  be.  to 
to  secSn8  examine  and  ascertain,  and  report  to  the  board  of  education, 
idnthoine'&c'  whether  any  religious  sectarian  doctrine  or  tenet  shall  have  been 
schools  in    taught,  inculcated,  or  practised  in  any  of  the  schools  in  their  re- 
wards,      spective  wards.1 

mi?to  thTs'  No.  25.  [§  14.]— It  is  their  duty  to  transmit  to  the  board  of 
board  of     education  all  reports  made  to  them  by  the  trustees  and  inspec- 

education  .  *     .  ,  .  ..  \ 

reports  of  tors  oi  their  respective  wards,  and  individual  commissioners  shall 
inspectors,  report  to  the  board  the  result  of  their  examination  of  the  schools 

of  their  respective  wards.1 
SoJTeTsw       No.  26-  P  10>  16.]— The  commissioners  of  each  ward  shall 
schooihe    draw  me  amount  deposited  to  their  credit  by  the  chamberlain 
money  depo-  of  the  city  and  county,  in  the  bank  designated  for  that  purpose 
credit?ntheir  Dv  me  supervisors  ;  and  shall  apply  the  same  to  the  use  of  the 
apply  Me10  scno°ls  ana"  districts  in  their  ward,  according  to  the  apportion- 
same.       ment  thereof  made  by  the  board  of  education.    The  amount  ap- 
portioned to  the  several  schools  hereinafter  named,  (see  No.  90,) 
the  commissioners  are  to  pay  to  the  treasurers  of  the  societies  or 
schools  entitled  thereto,  or  to  some  person  duly  authorized  by 
the  trustees  of  such  societies  or  schools  to  receive  the  same.1 
commis-       No.  27.  §  44. — The  commissioners  of  common  schools  in 
^spe"^6  each  ward,  together  with  the  other  inspectors  elected  in  their 
town,  shall  be  the  inspectors  of  common  schools  for  their  town, 
organization    No.  28.  [§  7.] — Whenever  the  trustees,  elected  in  a  ward,  shall 
dfstticta!    certify,  in  writing,  to  the  commissioners  and  inspectors  of  that 
ward  that  it  is  necessary  to  organize  one  or  more  schools  in  said 
ward,  in  addition  to  the  schools  hereinafter  named,  (see  No.  90,) 
it  shall  be  the  duty  of  the  said  commissioners  and  inspectors  to 
meet  together  and  examine  into  the  facts  and  circumstances  of 
the  case  ;  and  if  they  shall  be  satisfied  of  such  necessity,  they 
shall  certify  the  same,  under  their  hands,  to  the  board  of  educa- 
house''&c.  ti°nJ  and  shall  then  proceed  to  organize  one  or  more  school  dis- 
proved   tri°ts  therein,  and  shall  procure  a  school-house  and  all  things 

necessary  to  organize  a  school  in  such  district.1 
commis-        No.  29.  [§  1.] — The  commissioners  of  each  ward  shall  be  the 
ea°cnhe^sa°j  t0  commissioners  of  schools  thereof,  with  the  like  powers  and  du- 
be  com-     ties  of  commissioners  of  common  schools  in  the  several  towns  of 
of  schools,   this  State,  except  as  otherwise  mentioned  herein.1 

with  the  like 
powers 

and  duties  of  (1)  Law  of  1S42 

commission-  N  ' 

ers  in  towns. 


OF  COMMISSIONERS. 


9 


No.  30.   §  20. — It  shall  be  their  duty  to  describe  and  number  SSjsto 
the  school  districts,  and  to  deliver  the  description  and  numbers  number  and 
thereof,  in  writing,  to  the  town  clerk  [the  clerk  of  such  commis-  school 
sioners]  immediately  after  the  formation  thereof.*  districts. 

No.  31.  §  20. — It  shall  be  their  duty  to  sue  for  and  collect,  To  sue  for 
by  their  name  of  office,  all  penalties  and  forfeitures  imposed  in  Penalues- 
title  second,  chapter  fifteen  of  the  first  part  of  the  Revised 
Statutes,  and  in  respect  to  which  no  other  provision  is  made, 
which  shall  be  incurred  by  any  officer  or  inhabitant  of  their 
town,  [ward],  and  after  deducting  their  costs  and  expenses,  to 
add  the  sums  recovered  to  the  school  monies  received  by  them, 
to  be  apportioned  and  paid  among  the  different  schools  in  their 
town  [ward],  entitledrto  school  monies,  according  to  their  re- 
spective proportions. 

No.  32.  §  27. — All  monies  apportioned  by  the  commissioners,  Monies  one 
to  the  trustees  of  a  district,  which  shall  have  remained  in  the  handfof 
hands  of  the  commissioners  for  one  year  after  such  apportion-  J£™era!" 
ment,  by  reason  of  the  trustees  neglecting  or  refusing  to  receive 
the  same,  shall  be  added  to  the  monies  next  thereafter  to  be  ap- 
portioned by  the  commissioners,  and  shall  be  apportioned  and 
paid  therewith,  in  the  same  manner. 

No.  33.  §  28. — In  case  any  school  monies  received  by  the  when  re- 
commissioners,  cannot  beapportioned  by  them  for  the  term  of  c^Xriain 
two  years,  by  reason  of  the  non-compliance  of  all  the  school  dis- 
tricts in  their  town  [ward]  with  the  provisions  of  this  title,  such 
monies  shall  be  returned  by  them  to  the  county  treasurer  [the 
chamberlain  of  the  city  and  county],  to  be  by  him  apportioned 
and  distributed,  together  and  in  the  same  manner  with  the 
monies  next  thereafter  to  be  received  by  him,  for  the  use  of 
common  schools. 

No.  34.   §  29. — It  shall  be  the  duty  of  the  commissioners  in  ^rfof 
each  town  [ward],  between  the  first  day  of  July  and  the  first,  dav  commis- 
of  August,  in  each  year,  to  make  and  transmit  to  the  county 
clerk  [clerk  of  the  city  and  county]  a  report  in  writing,  bearing 
date  on  the  first  day  of  July,  in  the  year  of  its  transmission, 
stating, 

1.  The  whole  number  of  school  districts  within  their  town 
[ward],  (specially  designating  the  schools  for  colored  children  in 
their  town  [wardjt) ; 

2.  The  districts  from  which  reports  shall  have  been  made  to 
the  commissioners,  or  their  immediate  predecessors  in  ornce, 
within  the  time  limited  for  that  purpose ; 

3.  The  length  of  time  a  school  shall  have  been  kept  in  each 
of  such  districts,  distinguishing  what  portion  of  that  time  the 
school  shall  have  been  kept  by  qualified  teachers ; 

It  is  doubtful  whether  the  provision  respecting-  the  description  and  numbering-  of 
the  districts  is  applicable  to  the  city  of  New- York, 
t  Law  of  1841,  Chap.  260,  §  15. 

2 


10 


POWERS  AND  DUTIES 


4.  The  amount  of  public  monies  received  in  each  of  such 
districts  ; 

5.  The  number  of  children  taught  in  each  ; 

6.  The  whole  amount  of  monies  received  by  the  commis- 
sioners, or  their  predecessors  in  office,  during  the  year  ending  at 
the  date  of  their  report ;  distinguishing  the  amount  received  from 
the  county  treasurer  [the  chamberlain  of  the  city  and  county], 
and  from  any  other  and  what  source  ; 

7.  The  manner  in  which  such  monies  have  been  expended, 
and  whether  any  and  what  part  remains  unexpended,  and  for 
what  cause ; 

8.  The  amount  of  money  paid  for  teachers'  wages  in  addition 
to  the  public  money  paid  therefor  in  the  districts  from  which 
reports  shall  have  been  received  by  them  or  their  immediate 
predecessors  in  office  ; 

9.  With  such  other  information  as  the  superintendent  of 
common  schools  may  from  time  to  time  require,  in  relation  to 
the  schools  within  their  town  [ward.]1 

cierk  to  give  No.  35.  §  30. — In  case  the  commissioners  in  any  town  [ward] 
report  not  snan  not  on  or  Def°re  the  first  day  of  August  in  any  year  make 
made.  such  reports  to  the  clerk  of  the  [city  and]  county,  it  shall  be  his 
duty  to  give  immediate  notice  of  such  neglect  to  the  clerk  of 
such  town  [the  clerk  of  the  commissioners  of  such  ward.] 
Forfeiture;  No.  36.  §31. — The  commissioners  neglecting  to  make  such 
money  may  rep0  t  within  the  limited  period  shall  forfeit  severally  to  their 

be  withheld.      *       r         ,n  _      .  rr.  ,      .     ,        .  ]  . 

town  [ward]  for  the  use  of  the  common  schools  therein,  the  sum 
of  ten  dollars ;  and  the  share  of  school  monies  apportioned  to 
such  town  [ward]  for  the  ensuing  year,  may,  in  the  discretion 
of  the  superintendent  of  common  schools,  be  withheld  and  be 
distributed  among  the  other  towns  [wards]  in  the  same  county 
[city  and  county]  from  which  the  necessary  reports  shall  have 
been  received.1 

And  com-  No.  37.  §  32. — When  the  share  of  school  monies  apportioned 
to  a  town  [ward]  shall  thus  be  lost  to  a  town  [ward]  by  the 
neglect  of  its  commissioners,  the  commissioners  guilty  of  such 
neglect  shall  forfeit  to  their  town  [ward]  the  full  amount,  with 
interest,  of  the  monies  so  lost,  and  for  the  payment  of  such  for- 
feiture they  shall  be  jointly  and  severally  liable. 

No.  38.  §  33. — The  monies  recovered  from  such  commis- 
sioners under  the  last  preceding  section,  shall  be  distributed  and 
paid  to  the  several  districts  in  the  same  manner  as  it  would  have 
been  the  duty  of  the  commissioners  to  have  distributed*  and  paid 


missioners 
liable  for 
amount. 


Appli 
of  m( 


lication 
monies 
recovered. 


(1)  Laws  of  1337,  $  2.  3. 

*  The  law  in  relation  to  such  a  forfeiture  of  commissioners  of  schools  for  a  town, 
provides  that  the  suit  shall  be  brought  by  the  supervisor  of  the  town.  It  does  not 
appear  by  whom  such  suit  can  be  brought  to  recover  the  forfeiture  from  a  commis- 
sioner for  a  ward. 

And  it  is  doubtful  whether  the  above  direction  for  the  distribution  of  the  monies  ia 
applicable  to  the  city  of  New  York. 


OF  COMMISSIONERS. 


11 


them  if  received  from  the  county  treasurer  [the  chamberlain  of 
the  city  and  county.] 

No.  39.  §  34,  35. — The  commissioners  in  each  town  [ward]  commis- 
shall  keep  a  just  and  true  account  of  all  school  monies  received  keeprL-t0 
and  expended  by  them  during  the  year  for  which  they  shall  J™der  to3 
have  been  chosen  ;*  and  within  fifteen  days  after  the  termination  successors, 
of  their  respective  offices  they  shall  render  to  their  successors  in 
office  a  just  and  true  account,  in  writing,  of  all  school  monies 
by  them  respectively  received,  before  the  time  of  rendering  such 
account,  and  of  the  manner  in  which  the  same  shall  have  been 
appropriated  and  expended  by  them :  and  the  account  so  ren- 
dered shall  be  delivered  by  such  successors  in  office  to  the  town 
clerk  [the  clerk  of  the  commissioners  of  that  ward]  to  be  filed 
and  recorded  in  his  office. 

No.  40.  §  36. — If  on  rendering  such  account  any  balance  And  pay 
shall  be  found  remaining  in  the  hands  of  the  commissioners  or  ance" 
any  of  them,  the  same  shall  immediately  be  paid  by  him  or 
them,  to  his  or  their  successors  in  office  or  some  one  of  them. 

No.  41.  §  37. — If  such  balance  or  any  part  thereof,  shall  have  If  appropria- 
been  appropriated  by  the  commissioners  to  any  particular  school  Paki°accord- 
district,and  shall  remain  in  their  hands  for  the  use  thereof,  a  state- in^- 
ment  of  such  appropriation  shall  be  made  in  the  account  so  to  be 
rendered,  and  the  balance  paid  to  such  successors  in  office  shall 
be  paid  over  by  them  according  to  such  appropriation. 

No.  42.  §  38.— Any  commissioner  neglecting  or  refusing  to  Forfeiture 
render  such  account,  or  to  pay  over  such  balance  or  to  deliver  a for  neglect, 
statement  of  such  appropriation,  if  any  there  be,  shall  for  each 
offence  forfeit  one  hundred  dollars. 

No.  43.  §  39. — It  shall  be  the  duty  of  his  successors  in  office  successor  to 
to  prosecute  without  delay  in  their  name  of  office,  for  the  recovery  Prosecute- 
of  such  forfeiture,  and  to  distribute  and  pay  the  monies  recovered 
in  the  same  manner  as  other  school  monies  received  by  them. 

No.  44.  §  40. — Such  successors  may  bring  a  suit  in  their  name  how  suit  is 
of  office  for  the  recovery,  with  interest,  of  any  unpaid  balance  b°robueght. 
of  school  monies  that  shall  appear  to  have  been  in  the  hands  of 
any  previous  commissioner  on  leaving  his  office,  either  by  the 
accounts  rendered  by  such  commissioner  or  by  other  sufficient 
proof. 

No.  45.  §  41. — In  case  of  the  death  of  such  commissioner, 
such  suit  may  be  brought  against  his  representatives,  and  all 
monies  recovered  shall  be  applied  as  if  they  had  been  paid  over 
without  suit. 

No.  46.  §  42. — The  commissioners  of  common  schools  in  commis. 
each  town  [ward]  shall  have  the  powers  and  privileges  of  a^av^Se0 
corporation  so  far  as  to  enable  them  to  take  and  hold  any  pro-  JJJe0^0fna 


*  Commissioners  in  towns  are  required  to  lay  their  accounts  before  the  board  of 
auditors  of  the  accounts  of  other  town  officers ;  this  provision  is  inapplicable  in  the 
city  where  such  a  board  does  not  exist. 


12 


INSPECTORS. 


perty  transferred  to  them  for  the  use  of  common  schools  in  such 
town  [ward.] 

commis-  No.  47.  [§  5.] — No  compensation  shall  be  allowed  to  thecom- 
receiv"  no  missioners  of  common  schools  for  any  service  performed  by  them, 
tionPbii\saac-  Dllt  meY  sna^  receive  their  actual  and  reasonable  expenses  while 
tua1  ayd  rea- attending  to  the  duties  of  their  office,  to  be  audited  and  allowed 
peiuei.  by  the  supervisors  of  the  city  and  county.1 
Anycommis-  No.  48.  [§  14.] — Any  commissioner  may  at  any  time  visit 
tSiliSex  anc^  examme  any  school  subject  to  the  provisions  of  the  law 
amino  any  of  April  11,  1842,  (see  No.  90,)  and  shall  report  to  the  board  of 
school.      education  the  result  of  his  examination.1* 

commis.  No.  49.  §  13. — The  commissioners  of  each  ward  shall  have 
Sr£5o°f  a  general  jurisdiction,  subject  to  the  direction  of  the  board  of 
have  a  gene-  education,  over  anv  of  the  schools  hereinafter  named,  (see  No. 90.) 

ral  junsdic-  »  /        .  .  .  »  v  '/ 

tionof  seve-  which  may  be  located  in  their  ward,  in  the  same  manner  and  to 
ted  schools  ;  the  same  extent  as  district  schools  ;  but  such  schools  shall  be 
schools  are  under  the  immediate  government  and  management  of  their  res- 
inuMdtete  Pecuve  trustees,  managers  and  directors.2 

government 

of  their  own  TT 
trustees,  &c. 

Of  Inspectors  of  Common  Schools. 

Powers  and     No.  50.  §  1. — The  inspectors  of  common  schools,  elected  in 
inspectors,  the  several  wards,  shall  have  the  like  powers  and  be  subject  to 
to  the  same  duties,  with  the  inspectors  of  common  schools  of 
the  several  towns  of  this  state,  except  as  hereinafter  mentioned.1 
(As  to  the  duty  of  inspectors  in  organizing  school  districts 
and  procuring  school  houses,  dec.  see  No.  28.) 
inspectorsto    No.  51.  [§  15.] — It  shall  be  the  duty  of  inspectors  from  time  to 
^porfifaSy  time  and  as  frequently  as  need  be,  to  examine  and  ascertain  and 
doctrinaen&c  rePort  to  me  Doard  of  education  whether  any  religious  sectarian 
is  taught  &c.  doctrine  or  tenet  shall  have  been  taught,  inculcated,  or  practised 
inatheirC100  in  any  of  the  schools  of  their  respective  wards.1 

respective 
wards. 

No  compen-  No.  52.  [§  5.[ — No  compensation  shall  be  allowed  to  any  in- 
Sowed  but  spector  for  any  services  performed  by  him  ;  but  he  shall  receive 
penSseto  bems  actual  and  reasonable  expenses  while  attending  to  the  duties 
paid.  0f  his  office,  to  be  audited  and  allowed  by  the  supervisors  of  the 
city  and  county.1 

(1)  Law  of  1842. 

*  The  schools  thus  subject  to  the  board  are  the  schools  named  in  No.  90,  and  all 
district  schools  which  may  be  organized  under  that  Act. 

(2)  Laws  of  1842.  [See  also  as  to  certain  liabilities  and  privileges  of  Commis- 
sioners! Nos.  94,  95.] 

t  As  the  Law  of  1842  requires  the  Commissioners  to  give  a  bond  with  sureties  for 
the  faithlul  performance  of  their  duties,  and  the  proper  application  of  all  school 
monies  coming  into  their  hands,  it  may  be  thought  that  the  provisions  contained  in 
former  laws,  imposing  penalties  on  commissioners  for  official  misconduct  and  neg- 
lect of  duty,  are  inapplicable  ;  but  as  the  bond  and  these  penalties  are  not  inconsistent 
with  each  other,  the  provisions  relating  to  both  have  been  inserted  in  this  compilation 
as  being  in  force. 


TRUSTEES.  13 

No.  53.  §44. — The  commissioners  of  common  schools  in  each  JJ"jj°ectorg 
town  [  v  ard]  together  with  the  other  inspectors  elected  in  th  ir 
town  [ward]  shall  be  the  inspectors  of  common  schools  for  their 
town  [ward]. 

No.  54.  §  45. — It  shall  be  the  duty  of  the  inspectors  of  com-  Theirduty 
mon  schools  in  each  town  [ward]  to  examine  all  persons  offering  ^minin* 
themselves,  as  candidates  for  teaching  common  schools  in  such  teachers.0 
town  [ward]. 

No.  55.  [§  6.] — It  shall  not  be  necessary  for  more  than  two  in-  Jjjjjjg80" 

spectors  to  meet  and  certify  to  the  qualifications  of  any  teacher.1  cient  to  exa- 
mine and 
certify. 

No.  56.   §  46. — In  making  such  examination,  it  shall  be  Theirduty 
the  duty  of  the  inspectors  to  ascertain  the  qualifications  of  the  tothiqSS^ 
candidate,  in  respect  to  moral  character,  learning  and  ability,  ^hers^ 

No.  57.  §  47. — If  the  inspectors  shall  be  satisfied  in  respect  to  n,. 
thequalifications  of  the  candidate,  they  shall  deliver  to  the  per- 
sons so  examined,  a  certificate  signed  by  them,  in  such  form  as 
shall  be  prescribed  by  the  superintendent  of  common  schools. 

No.  58.  §  48. — The  inspectors  may  annul  any  such  certificate  ib. 
given  by  them  or  their  predecessors  in  office,  when  they  shall 
think  proper,  giving  at  least  ten  days  previous  notice  in  writing, 
to  the  teacher  holding  it,  and  to  the  trustees  of  the  district  in 
which  he  may  be  employed,  of  their  intention  to  annul  the 
same. 

No.  59.  §  49. — The  inspectors  whenever  they  shall  deem  it  ib. 
necessary,  may  require  a  re-examination  of  all  or  any  of  the 
teachers  in  their  towns  [wards],  for  the  purpose  of  ascertaining 
their  qualifications  to  continue  as  such  teachers. 

No.  60.  §  50. — The  annulling  of  a  certificate  shall  not  dis-  ib. 
qualify  the  teacher  to  whom  it  was  given,  until  a  note  in 
writing  thereof,  containing  the  name  of  the  teacher  and  the  time 
when  his  certificate  was  annulled,  shall  be  made  by  the  inspect- 
ors, and  filed  in  the  office  of  the  clerk  of  their  town  [clerk  of 
the  commissioners  of  the  ward]. 

No.  61.  §  52. — It  shall  be  the  duty  of  the  inspectors  to  visit  Duty  as  to 
all  such  common  schools  within  their  town  [ward],  as  shall  be  Soil 
organized  according  to  law.  at  least  once  a  year,  and  oftener  if 
they  shall  deem  it  necessary. 

No.  62.  §  53. — At  such  visitation,  the  inspectors  shall  ex- Duty  as  to 
amine  into  the  state  and  condition  of  such  schools,  both  as  it  school, 
respects  the  progress  of  the  scholars  in  learning,  and  the  good 
order  of  the  schools  ;  and  may  give  their  advice  and  direction  to 
the  trustees  and  teachers  of  such  schools  as  to  the  government 
thereof,  and  the  course  of  studies  to  be  pursued  therein.* 

(1)  Law  of  1841. 

*  Thi3  provision  does  not  extend  to  the  schools  named  in  No.  90,  which  are  district 
schools  only  so  far  as  relates  to  the  distribution  of  the  common  school  monies.  But 
the  board  of  education  may,  at  any  time,  visit  and  examine  any  school,  subject  to  the 


14 


TRUSTEES. 


5San?t0  No.  63.  §  54. — Each  of  the  inspectors,  by  "agreement  with, 
schools.     or  direction  of,  the  other  inspectors,  may  be  assigned  to  a  certain 

number  of  school  districts,  which  it  shall  be  his  special  duty  to 

visit  and  inspect. 

VI. 

Of  Trustees  of  Common  Schools. 

Trustees  of  No.  64.  [§  1.] — The  trustees  of  common  schools,  elected  in 
Sols'lo  their  respective  wards,  shall  be  the  trustees  of  the  school  districts 
oTschooi63  vvhicn  naay  be  formed  and  organized  therein,  with  the  like 
wu!aC!'iIiikeP0NVers  ant^  duties  as  the  trustees  of  school  districts  in  the 
powers  and  several  towns  in  this  State,  except  as  otherwise  herein  men- 

dutiesas       tjnnp,l  1 

trustees  of  "Oned. 

school 

districts  in 

towns. 

Trustees  to     ]y0<  (55,    n  j  i — The  trustees  of  each  ward  have  power) 

certify  the  t       .J.    _ .       .   .  .  c  .  .  ,  1 

necessity  of  whenever  they  think  it  right,  to  certily,  in  writing,  to  the  com- 
district  "*  missioners  and  inspectors  of  common  schools  thereof,  that  it  is 
schools.;  necessary  to  organize  one  or  more  schools  in  said  ward,  in  ad- 
dition to  the  schools  hereinafter  mentioned  in  No.  90. 1 
Trustees  to  No.  66.  [§  14.] — It  shall  be  the  duty  of  the  trustees,  from  time 
&c.Casdto'  to  time  and  as  frequently  as  need  be,  to  examine  and  ascertain  and 
droSS&c.  rePort  to  the  board  of  education,  whether  any  religious  sectarian 
a*. taught,  doctrine  or  tenet  shall  have  been  taught,  inculcated  or  practised 

&c.  in  any     .  r  .  .       .     .       .  P     '         ,    ,  x 

school.      in  any  of  the  schools  m  their  respective  wards.1 

No  compen-     No.  67.  [§  5.] — No  compensation  shall  be  allowed  to  the  trus- 

auowedto   tees  for  any  services  performed  by  them.1 

SStteJf  No*  68,  *  75. — It  shall  be  the  duty  of  the  trustees  of  any 
trustees.     school  district,  and  they  shall  have  power, 

custody  of      To  have  the  custody  and  safe  keeping  of  the  district  school- 
district      ,  J 
school-      nouses ; 

houses. 

orteaSsnt    To  contract  with  and  employ  all  teachers  in  the  district ; 
And  pay-        r£ 0  pay  the  wages  of  such  teachers  when  qualified,  out  of  the 
monies  which  shall  come  into  their  hands  from  the  commis- 
sioners of  common  schools. 
Trustees  to     No.  69.  [§  11.] — It  shall  be  the  duty  of  the  trustees  of  school 
EkrdT6     districts,  to  procure  for  the  use  of  their  [each]  district  [in  their 
books,  &c.  war(j])  two  bound  blank  books,  from  time  to  time,  as  shall  be 
necessary,  in  one  of  which,  the  accounts  of  all  monies  received 

provisions  of  the  Act  of  1842,  among-  which  are  the  schools  named  in  No.  90;  and  it 
is  the  duty  of  the  trustees,  inspectors  and  commissioners  of  each  ward,  and  of  the 
deputy  superintendent  of  schools,  from  time  to  time,  and  as  often  as  need  be,  to  ex- 
amine and  ascertain,  and  report  to  the  board  of  education,  whether  any  religious 
sectarian  doctrine  or  tenet  shall  have  been  taught,  inculcated  or  practised  in  any  of 
the  schools  in  their  respective  wards.  For  that  purpose,  although  not  for  any  other, 
the  trustees,  inspectors  and  deputy  superintendent  must  have  a  right  to  visit  any  of 
the  schools  in  their  res  ective  wards.  Each  of  the  commissioners  has  a  general 
right,  as  member  of  the  board  of  education,  at  any  time,  and  for  any  purpose,  to  visit 
and  examine  any  school,  subject  to  the  provisions  of  the  Act  of  1842. 
(1)  Law  of  1842. 


TRUSTEES. 


15 


and  paid  by  the  trustees,  and  a  statement  of  all  moveable  pro- 
perty belonging  to  the  district,  shall  be  entered  at  large,  and 
signed  by  such  trustees ;  in  the  other  of  the  said  books,  the 
teachers  shall  enter  the  names  of  the  scholars  attending  school, 
and  the  number  of  days  they  shall  have  respectively  attended, 
and  also  the  days  on  which  such  school  shall  have  been  in- 
spected by  the  deputy  superintendent  and  the  town  [ward]  in- 
spectors ;  which  entries  shall  be  verified  by  the  oath  or  affirma- 
tion of  the  teachers.  The  said  books  shall  be  preserved  by  the 
trustees  as  the  property  of  the  district,  and  shall  be  delivered  to 
their  successors.1 

No.  70.  §  90. — If  the  monies  apportioned  to  a  district,  by  the  ^|da^ 
commissioners  of  common  schools  [the  board  of  education],  shall  by  trustees 
not  have  been  paid,  it  shall  be  the  duty  of  the  trustees  thereof,  ^sSnlrT 
to  bring  a  suit  for  the  recovery  of  the  same,  with  interest,  against  £™on  pay" 
the  commissioners  in  whose  hands  the  same  shall  be,  or  to  pur- of  school 
sue  such  other  remedy  for  the  recovery  thereof  as  shall  be  given  propnS ito 
bylaw;  and  the  monies,  when  recovered,  shall  be  applied  byadistnct' 
them  in  the  same  manner  as  if  they  had  been  paid  without  suit. 

No.  71.  §  91. — The  trustees  of  each  school  district  [of  com-  reponof 
mon  schools  of  each  ward]  shall,  after  the  first  day  of  January, truatee& 
in  every  year,  and  on  or  before  the  first  day  of  March  thereafter, 
make  and  transmit  a  report,  in  writing,  to  the  commissioners  of 
common  schools  for  such  town  [ward],  dated  on  the  first  day  of 
January,  in  the  year  in  which  it  shall  be  transmitted. 

No.  72.  §  92. — Every  such  report,  signed  and  certified  by  a  How  made 
majority  of  the  trustees  making  it,  shall  be  delivered  to  the  town 
clerk  [clerk  of  the  commissioners  of  the  ward],  and  shall  specify, 

1.  The  whole  time  any  [each]  school  has  been  kept  in  their 
district  [ward]  during  the  year,  ending  on  the  day  previous  to 
the  date  of  such  report,  and  distinguishing  what  portion  of  the 
time  such  school  has  been  kept  by  qualified  teachers  ; 

2.  The  amount  of  monies  received  from  the  commissioners 
of  common  schools,  during  such  year,  and  the  manner  in  which 
such  monies  have  been  expended  ; 

3.  The  number  of  children  taught  in  the  [each]  district  during 
such  year ; 

4.  [§  1.] — The  amount  of  money  paid  for  teachers'  wages,  in 
addition  to  the  public  money  paid  therefor,  and  such  other  infor- 
mation in  relation  to  the  schools  and  the  districts  [in  their  ward] 
as  the  superintendent  of  common  schools  may,  from  time  to  time, 
require.2 

No.  73.  §  93. — No  teacher  shall  be  deemed  a  qualified  teacher,  ®£^ed 
who  shall  not  have  received,  and  shall  not  then  hold,  a  certificate 
of  qualification,  dated  within  one  year,  from  the  inspectors  of  com- 
mon schools  for  the  town  [ward]  in  which  he  shall  be  employed, 
or  from  the  deputy  superintendent  of  the  city  and  county.* 

(1)  Law  of  1S41,  Chap.  260,  §  11.  (2)  Law  of  1837,  Chap.  241,  $  1. 

♦  Law  of  1841,  Chap.  260,  $  36. 


10 


TRUSTEES. 


Penalty  for 
false  report. 


Inspection 
of  schools  to 
be  certified 
by  trustees. 


Property  of 
districts 
how  held. 


Trustees  to 
account. 


Balance  paid 
to  succes- 
sors. 


Forfeiture 
for  neglect. 


How  prose- 
cuted. 


Remedy 
against 
former 
trustees. 


No.  74.  §  96. — Every  trustee  of  a  school  district,  who  shall 
sign  a  false  report  to  the  commissioners  of  common  schools  of 
his  town  [ward],  with  the  intent  of  causing  such  commissioners 
the  board  of  education]  to  apportion  and  pay  to  his  district 
ward]  a  larger  sum  than  its  just  proportion  of  the  school  monies 
of  the  town  [city],  shall  for  each  offence,  forfeit  the  sum  of 
twenty-five  dollars,  and  shall  also  be  deemed  guilty  of  a  misde- 
meanor. 

No.  75.  [§  12.] — The  trustees  of  each  school  district  [ward] 
shall,  within  one  week  before  the  annual  meeting  of  the  board 
of  supervisors  of  the  city  and  county,  certify  to  the  supervisor  of 
their  town  [the  supervisors  of  the  city  and  county]  the  number 
of  times  their  [each]  school  [in  their  ward]  has  been  visited  and 
inspected  by  the  deputy  superintendent,  and  by  the  town  [ward] 
inspectors,  which  shall  be  laid  before  the  board  of  supervisors  at 
their  annual  meeting.1 

No.  76.  §  97. — All  property  now  vested  in  the  trustees  of 
any  school  district,  for  the  use  of  schools  in  the  district  [ward], 
or  which  may  be  hereafter  transferred  to  such  trustees  for  that 
purpose,  shall  be  held  by  them  as  a  corporation. 

No.  77.  §  98. — The  trustees  of  each  school  district  shall,  on 
the  expiration  of  their  offices,  render  to  their  successors  in  office, 
a  just  and  true  account,  in  writing,  of  all  monies  received  by 
them  respectively,  for  the  use  of  their  district  [ward],  and  of  the 
manner  in  which  the  same  shall  have  been  expended. 

No.  78.  §  99. — Any  balance  of  such  monies,  which  shall  ap- 
pear from  such  account  to  remain  in  the  hands  of  the  trustees  or 
either  of  them,  at  the  time  of  rendering  the  account,  shall  imme- 
diately be  paid  to  some  one  or  more  of  their  successors  in  office. 

No.  79.  §  100. — Every  trustee  who  shall  refuse  or  neglect 
to  render  such  account,  or  to  pay  over  any  balance  so  found  in 
his  hands,  shall,  for  each  offence,  forfeit  the  sum  of  twenty-five 
dollars. 

No.  80.  §  101. — It  shall  be  the  duty  of  his  successors  in  of- 
fice to  prosecute  without  delay,  in  their  name  of  office,  for  the 
recovery  of  such  forfeiture  ;  and  the  monies  recovered  shall  be 
applied  by  them  to  the  use  and  benefit  of  their  district  schools. 

No.  81.  §  102. — Such  successors  shall  also  have  the  same 
remedies  for  the  recovery  of  any  unpaid  balance  in  the  hands  of 
a  former  trustee,  or  his  representatives,  as  are  given  to  the  com- 
missioners of  common  schools  against  a  former  commissioner 
and  his  representatives ;  and  the  monies  recovered  shall  be  ap- 
plied by  them  to  the  use  of  their  districts  in  the  same  manner  as 
if  they  had  been  paid  without  suit.2 


(1)  Law  of  1841,  Chap.  260. 


(2)  See  No.  44. 


DEPUTY  SUPERINTENDENT. 


17 


Provisions  respecting  the  Deputy  Superintendent  of  Common 
Schools  for  the  City  and  County  of  New-  York  . 

No.  82.  [§  36.] — The  board  of  supervisors  of  the  city  and  Deputy 
county,  shall  appoint  a  deputy  superintendent  of  common  schools  dem.nnten* 
for  such  city  and  county.*  Such  deputy  superintendent  shall 
hold  his  office  for  two  years,  subject  to  removal  by  the  board  of 
supervisors,  on  complaint  for  causes  to  be  stated.  A  certified 
copy  of  every  resolution,  making  such  appointment,  shall  be 
transmitted  by  the  clerk  of  the  board  of  supervisors  to  the  super- 
tendent.  Such  deputy  superintendent  shall  have  power,  and  it 
shall  be  his  duty, 

1.  To  visit  and  examine  all  the  schools  and  school  districts  His  powers 
committed  to  his  charge,  as  often  in  each  year  as  may  be  practi-andduties' 
cable,  having  reference  to  the  number  of  such  districts  ;  to  no- 
tify the  inspectors  of  common  schools  of  the  town  [ward]  of  the 
time  appointed  to  visit  the  schools  in  such  town  [ward],  and  to 
invite  such  inspectors  to  visit,  with  him,  the  said  schools,  and 
with  such  inspectors,  if  they,  or  any  of  them,  will  attend  at  such 
visits,  or,  without  their  presence,  at  any  time  to  inquire  into  all 
matters  relating  to  the  government,  course  of  instruction,  books, 
studies,  discipline  and  conduct  of  such  schools,  and  the  condition 
of  the  school-houses,  and  of  the  districts  generally;  and  to  ad- 
vise and  counsel  with  the  trustees  in  relation  to  their  duties,  and 
to  recommend  to  such  trustees,  and  the  teachers  employed  by 
them,  the  proper  studies,  discipline  and  conduct  of  the  schools, 
the  course  of  instruction  to  be  pursued,  and  the  books  of  elemen- 
tary instruction  to  be  used  therein,  [and  from  time  to  time,  and 
as  frequently  as  need  be,  to  examine  and  ascertain,  and  report 
to  the  board  of  education,  whether  any  religious  sectarian  doc- 
trine or  tenet  shall  have  been  practised  in  any  of  the  schools  in 
the  different  wards  of  the  city]  j1 

2.  To  examine  persons  offering  themselves  as  candidates  for  Ib- 
teachers  of  common  schools,  and  to  grant  them  certificates  of  qua- 
lification, insuch  form  as  shallbe  prescribed  by  the  superintendent; 
which  certificates  shall  be  evidence  of  the  qualification  of  such 
teachers  in  every  town  [ward]  and  district  of  the  city  and  county; 

3.  By  and  with  the  consent  of  any  two  inspectors  of  any  town  n>. 
[ward]  to  annul  any  certificate  granted  to  any  teacher  in  said 
town  [ward],  whenever  such  teacher  shall  be  found  deficient ; 

4.  And  generally,  by  all  the  means  in  his  power,  to  promote  Ib- 
sound  education,  elevate  the  character  and  qualifications  of 
teachers,  improve  the  means  of  instruction,  and  advance  the  in- 
terests of  schools  committed  to  his  charge. 

No.  83.  [§  37.] — Any  deputy  superintendent  may  at  any  time  if  deputy 
resign  his  office  to  the  clerk  of  the  city  and  county  ;  and  in  case  demrSgn 

clerk  may 

*  The  law  provides  for  the  appointment  of  two  deputies  whenever  there  are  more  ad  Interhn. 
than  two  hundred  school  districts  in  a  county. 
(I)  Lawofl842,§14. 

3 


IS 


CLERKS  OF  COMMISSIONERS. 


of  a  vacancy  in  the  office  from  any  cause,  such  clerk  may  fill 
the  vacancy,  until  the  next  meeting  of  the  hoard  of  supervisors. 
His  powers  No.  84.  [j  38.] — The  deputy  superintendent  shall  be  subject 
and  duties.  t0  sucn  generai  mles  and  regulations  as  the  superintendent  may, 
from  time  to  time,  prescribe,  and  appeals  from  his  acts  and  de- 
cisions may  be  made  to  the  superintendent  in  the  same  manner, 
and  with  the  like  effect,  as  in  cases  now  provided  by  law,  and 
he  shall  make  annually  to  the  superintendent,  at  such  times  as 
shall  be  appointed  by  him,  a  report,  in  writing,  containing  the 
whole  aumber  of  wards  in  the  city  and  county,  distinguishing 
the  wards  from  which  the  necessary  reports  have  been  made  to 
the  clerk  of  the  city  and  county  by  the  commissioners  of  com- 
mon schools,  and  containing  a  certified  copy  of  all  such  reports, 
with  such  additional  information  as  the  superintendent  shall  re- 
quire ;  and  for  that  purpose  he  shall  have  access  to  the  reports  of 
commissioners,  filed  with  the  clerk  of  the  city  and  county,  with- 
out charge. 

His  fees.  No.  85.  [§  39.] — The  deputy  superintendent  shall  be  allowed 
two  dollars  for  each  day  necessarily  spent  in  the  discharge  of  his 
duties  ;  but  the  whole  amount  of  his  compensation,  in  any  one 
year,  shall  not  exceed  five  hundred  dollars,  and  the  amount 
shall  be  audited  and  certified  by  the  board  of  supervisors  of  the 
city  and  county.  One  equal  moiety  of  said  amount  shall  be  a 
charge  upon  the  city  and  county,  and  shall  be  raised  and  paid  in 
the  same  manner  as  other  charges  upon  the  city  and  county. 
The  remaining  moiety  shall  be  paid  by  the  treasurer  on  the  war- 
rant of  the  comptroller,  out  of  the  annual  surplus  now  appro- 
priated to  the  capital  of  the  common  school  fund,  arising  from  the 
income  of  the  monies  deposited  by  the  United  States.1 

Of  the  duties  of  Clerks  of  Commissioners  of  the  several 

Wards. 

cierk  of  the    No.  86.   §  43. — It  shall  be  the  duty  of  the  town  clerk  [clerk 

mineM?  °f tne  commissioners  in  each  ward], 

ward ;  i.  To  receive  and  keep  all  reports  made  to  the  commissioners 

his  duty.  £rom  tne  trustees  of  common  schools,  and  all  the  books  and  pa- 
pers belonging  to  the  commissioners,  and  to  file  them  in  his 
office  ; 

2.  To  attend  all  meetings  of  the  commissioners,  and  to  pre- 
pare, under  their  direction,  all  their  reports,  and  to  record  the 
same  and  their  other  proceedings  in  a  book  to  be  kept  for  that 
purpose ; 

Ib.  3.  To  receive  all  such  communications  as  may  be  directed 
to  him  by  the  superintendent  of  common  schools,  and  to  dispose 
of  the  same  in  the  manner  directed  therein,  and  to  receive  and 


ib. 


(1)  Law  of  1841,  Chap.  260,  §  36  to  39  inclusive. 


* 


CERTAIN  SCHOOLS. 


19 


transmit  to  the  superintendent  such  returns  and  papers  as  he 
shall,  by  regulation,  require  to  be  transmitted  by  him  ; 

4.  To  transmit  to  the  clerk  of  the  [city  and]  county,  all  such  ib. 
reports  as  may  be  made  for  such  clerk  by  the  commissioners  ; 

5.  To  call  together  the  commissioners,  upon  receiving  notice  Ib- 
from  the  county  clerk  [the  clerk  of  the  city  and  county]  that 
they  have  not  made  their  annual  report,  for  the  purpose  of 
making  such  report ; 

And  generally  to  do  and  execute  all  such  things  as  belong  to  ib. 
his  office,  and  may  be  required  of  him  by  the  commissioners. 

No.  87.  [§  31.]— He  shall  be  allowed  in  his  accounts  for  all  R fuS 


postages  actually  paid  by  him  on  communications  from  commis-  ac 


.  in  his 

sioners  of  common  schools,  or  from  trustees  of  school  districts. 


Provisions  respecting  Title  to  Sites  of  School  Houses. 

No.  88.  [§  7.] — The  title  to  all  lands  purchased  by  virtue  of  Title  shall  be 
the  Act  of  April  11,  1842,  Chap.  150,  with  all  the  buildings  city  an?  e 
thereon  shall  be  vested  in  the  city  and  county  of  New  York.1  NeT&S!* 

Provisions  as  to  the  Children  entitled  to  attend  the  Com- 
mon Schools,  and  as  to  Taxes  for  the  Tuition  of  Children. 

No.  89.  [§  12.]— All  children  between  the  ages  of  four  and  hemmed 
sixteen  residing  in  the  city  and  county,  shall  be  entitled  to  at-  ^^nd 
tend  any  of  the  common  schools  therein  ;   and  the  parents, s^  00 ' 
guardians,  or  other  persons  having  the  custody  or  care  of  such  fm^ed  for 
children,  shall  not  be  liable  to  any  tax,  assessment  or  imposition,  tuiti<>n. 
for  the  tuition  of  any  children,  other  than  is  hereinbefore  men- 
tioned.2 

Provisions  as  to  certain  Enumerated  Schools. 

No.  90.  [§  13.]— The  schools  of  the  Public  School  Society,  f^f^ 
the  New  York  OrphanAsylum  School,  the  Roman  Catholic  Or-  societies ; 
phan  Asylum,  the  schools  of  the  two  Half-Orphan  Asylums,  the 
school  of  the  Mechanics'  School  Society,  the  Harlem  School,  the 
Yorkville  Public  School,  the  Manhattan ville  Free  School,  the 
Hamilton  Free  School,  the  Institution  for  the  Blind,  the  school 
connected  with  the  Alms  House  of  the  said  city,  and  the  school  of 
the  Association  for  the  Benefit  of  Colored  Orphans,  shall  be  subject  t0 
subject  to  the  general  jurisdiction  of  the  said  commissioners  of  the  general 
the  respective  wards  in  which  any  of  the  said  schools  now  are,  S^mS 
or  hereafter  may  be  located,  subject  to  the  direction  of  the  board  buTSer 
of  education,  but  under  the  immediate  government  and  manage-  theimme- 
ment  ot  their  respective  trustees,  managers  and  directors,  m  the  agement  of 
same  manner  and  to  the  same  extent  as  herein  mentioned  in  res-  tive  trustees 
pect  to  the  district  schools  herein  before  mentioned,  in  said  city  and  £jj  shall  be 


(1)  Law  of  1841,  Chap.  260.   (2)  Law  of  1842. 


20 


APPEAL  TO  SUPERINTENDENT. 


schools  so  coimty5  an(l>  s0  ^ar  as  relates  to  the  distribution  of  the  common 
far  as  relates  school  monies,  each  of  the  said  schools  shall  be  district  schools 

to  the  distri-    c    .  •  j     •  «, 

butionof    of  the  said  city.2 

school 
money. 

Provisions  against  Sectarian  Doctrines  and  Tenets^  and 
against  a  Refusal  to  permit  Visits  and  Examinations. 

schools  in  P  — ^°  scn00^  hereinbefore  mentioned  or 

which  any  which  shall  be  organized  under  this  law  in  which  any  religious 
SocKe&c.  sectarian  doctrine  or  tenet  shall  be  taught,  inculcated  or  prac- 
tangbtTftc  ^sec^!  or  which  shall  refuse  to  permit  the  visits  and  examinations 
andVhoois'  provided  by  this  law,  shall  be  entitled  to  receive  any  portion 
admitvLiti  of  the  school  monies  to  be  distributed  by  this  law  ;  and  it  shall 
natloSThaii  De  tne  duty  of  the  trustees,  inspectors  and  commissioners  of 
schooTeive  schools,  m  eacu  ward,  and  of  the  deputy  superintendent  of 
money.      schools,  from  time  to  time,  and  as  frequently  as  need  be,  to 
examine  and  ascertain,  and  report  to  the  board  of  education 
whether  any  religious  sectarian  doctrine  or  tenet  shall  have  been 
•cftSoioffl    lau?nt>  inculcated  or  practised  in  any  of  the  schools  in  their 
cersinreia-  respective  wards.    The  board  of  education  and  any  member 
offencesUCh  thereof,  may  at  any  time  visit  any  school  subject  to  the  pro- 
visions of  this  law.1 


Appeal  to  Superintendent. 

Appeaito  No.  92.  §  110. — Any  person  conceiving  himself  aggrieved  in 
superimen-  consequence  of  any  decision  made 

dent  of  com-  »  .  '  .  r  .      ,  r  . 

monschoois.  By  the  commissioners  oi  common  schools  in  retusing  to 

pay  any  school  money  to  any  school  district ; 

By  the  trustees  of  any  district  in  paying  any  teacher  or 
refusing  to  pay  him  ; 

[Or  concerning  any  of  the  acts  or  decisions  of  the  deputy 
superintendent  f] 

Or  concerning  any  other  matter  under  the  provisions  of 
the  Revised  Statutes  concerning  schools  applicable  to  the  city 
and  county ; 

May  appeal  to  the  superintendent  of  common  schools 
whose  decision  thereof  shall  be  final.* 


(1)  Law  of  1842.    (2)  Law  of  1841,  Chap.  260,  §  38. 

*  No  provision  is  made  by  the  Law  of  1842  for  an  appeal  to  the  superintendent. 
The  provisions  in  the  Revised  Statutes  on  the  subject  of  appeals,  are  confined  to  par- 
ticular specified  cases  and  to  matters  under  that  Tide  of  the  Revised  Statutes. 


MISCELLANEOUS  PROVISIONS. 


21 


commis- 
sioners and 
trustees  to 


MISCELLANEOUS  PROVISIONS. 

No.  93.  [§  6.] — Commissioners  of  common   schools,  and  Penalty  for 
'trustees  of  school  districts  refusing  or  wilfully  neglecting  to"" 
make  any  report  or  to  perform  any  other  duty  required  by  law, 
or  by  regulations  or  decisions  made  under  the  authority  of  any  jJPJJJ^1, 
statute,  shall  severally  forfeit  to  their  town  [ward],  as  the  case  duty, 
may  be,  for  the  use  of  the  common  schools  therein,  the  sum  of 
ten  dollars  for  each  such  neglect  or  refusal,  which  penalty  shall 
be  sued  for  and  collected  by  the  supervisor  of  the  town,*  and  To  be  sued 
paid  over  to  the  proper  officers  to  be  distributed  for  the  benefit  of  supervisor, 
the  common  schools  in  the  town  or  district  [ward]  to  which 
such  penalty  belongs ;  and  when  the  share  of  school  money 
apportioned  to  any  town  or  district  [ward],  or  any  portions  thereof, 
or  any  money  to  which  a  town  [ward]  or  school  district  would 
have  been  entitled,  shall  be  lost  in  consequence  of  any  wilful  They  shsll 
neglect  of  official  duty  by  any  commissioners  of  common  f°^ft0  the 
schools,  or  trustees  of  school  districts,  the  officers  guilty  of  such  town  or  dis- 
ne^lect  shall  forfeit  to  the  town  or  district  [ward]  the  full  amount,  SSSJunUost 
with  interest,  of  the  monies  so  lost ;  and  they  shall  be  jointly  ^yeafett 
and  severally  liable  for  the  payment  of  such  forfeiture.1 

No.  94.  [§33.] — In  any  suit  which  shall  hereafter  be  com- costs  in  suits 
menced  against  commissioners  of  common  schools,  or  officers  of  monn2hoo?" 
school  districts,  for  any  act  performed  by  virtue  of,  or  under  officers. 
color,  of  their  offices,  or  for  any  refusal  or  omission  to  perform 
any  duty  enjoined  by  law,  and  which  might  have  been  the  sub- 
ject of  an  appeal  to'the  superintendent,  no  costs  shall  be  allowed 
to  the  plaintiff  in  cases  where  the  court  shall  certify  that  it  ap- 
peared on  the  trial  of  the  cause  that  the  defendants  acted  in 
good  faith.    But  this  provision  shall  not  extend  to  suits  for 
penalties,  nor  to  suits  or  proceedings  to  enforce  the  decisions  of 
the  superintendent.2 

No.  95.  [§  15.] — A  school  for  colored  children  may  be  estab-  schools  for 
lished  in  any  city  or  town  of  this  state,  with  the  approbation  of  children, 
the  commissioners  of  common  schools  of  such  city  or  town, 
which  shall  be  under  the  charge  of  the  trustees  of  the  district 
in  which  such  school  shall  be  kept.  Returns  shall  be  made  by 
the  trustees  of  such  schools  to  the  commissioners  of  common 
schools,  at  the  same  time  and  in  the  same  manner  as  now  pro- 
vided by  law  in  relation  to  districts.  The  commissioners  [the 
board  of  education]  shall  apportion  and  [and  the  commissioners 
shall]  pay  over  to  the  trustees  of  such  schools,  a  portion  of  the 
money  received  by  them  annually,  in  the  same  manner  as  now 
provided  -by  law  in  respect  to  school  districts,  allowing  to  such 

(1)  Law  of  1839,  Chap.  330,  §  6.  (2)  Law  of  1841.  Chap.  260,  §  33. 
*  This  part  of  the  law  is  inapplicable  as  there  is  no  such  officer  in  the  city  as  the 
supervisor  of  a  ward. 


22  MISCELLANEOUS  PROVISIONS. 

schools  the  proper  proportion  for  each  child  over  five  [four]  and 
under  sixteen  years,  who  shall  have  been  instructed  in  such 
school  at  least  four  [nine]  months  by  a  teacher  duly  licensed ;  and 
in  their  reports  to  the  superintendent  the  commissioners  shall 
specially  designate  the  schools  lor  colored  children  in  their  town 
or  city.1 

prTaTeV0  be  No.  96.  [§  43.]— The  superintendent  of  common  schools  may 
cause  to  be  printed  a  sufficient  number  of  forms  of  reports  by 
trustees  of  school  districts  and  commissioners  of  common  schools, 
and  of  lists  of  pupils  attending  schools,  and  cause  them  to  be 
transmitted  to  the  several  county  clerks,  for  the  use  of  those 
officers  and  teachers  of  schools  ;  and  he  shall  cause  Title 
school  act  second  of  Chapter  fifteen  and  Part  First  of  the  Revised  Statutes 
ments'toTe  t0  ^e  printed  and  shall  insert  therein  all  acts  and  parts  of  acts 
primed.  which  have  been  passed  by  the  Legislature,  connected  with  the 
subjects  of  the  said  Title,  which  are  now  in  force  ;  and  where 
any  provisions  of  the  said  Title  have  been  altered  by  sub- 
sequent acts,  such  provisions  shall  be  varied  so  as  to  make 
them  conformable  to  such  alteration,  but  the  original  numbers 
of  the  sections  shall  be  indicated  in  such  mode  as  he  shall  jud^e 
proper.  Copies  of  the  said  Title  so  amended  shall  be  trans- 
mitted to  the  commissioners  of  common  schools,  and  all  other 
officers  charged  with  the  performance  of  any  duty  under  its 
provisions,  with  such  explanations  and  instructions  as  may  be 
deemed  expedient.2 


(1)  Law  of  1841,  Chap.  260,  §  15.   (2)  Law  of  1841,  Chap.  260,  §  43. 


r 


INDEX 

TO  THE 

COMPILATION  OF  THE  LAWS  RELATING  TO  COMON  SCHOOLS, 

APPLICABLE  TO  THE  CITY  AND  COUNTY  OF  NEW-YORK. 


THE  FIGURES  RELATE  TO  THE  SEVERAL  SECTIONS  AS  NUMBERED 


A. 

Account  and  Hfinute  Books. 

No. 

Trustees  of  ward  to  keep  a  book  of  ac- 
counts, and  also  a  book  of  minutes, ....  69 


Banks. 

Certain  school  monies  to  be  deposited 

therein,  7,  26 

To  be  designated  by  the  supervisors  7,  26 

Board  of  Education. 

How  constituted   13 

May  appoint  a  clerk,  II,  13 

Officers  of,  and  regular  meetings,   13 

Reports  to  be  made  to  this  board  by  cer- 
tain school  officers,  with  the  cases  speci- 
fied, 14,  28,  91 

To  visit  and  examine  schools,  15,  91 

To  apply  all  monies  for  the  purchase  and 

lease  of  school-houses  and  lots,   16 

To  apportion  school  money  among  the 
several  schools  and  districts,  and  to  pay 

the  same  to  ward  commissioners,   16 

To  file  certificate  of  the  apportionment  of 

the  school  money  with  the  chamberlain,  16 
Manner  of  making   apportiomment  of 

school  money  17,  13,  19,  21,  28 

Its  jurisdiction  over  Enumerated  Schools,.  49 

Bonds. 

Commissioners  to  give  bonds,   23 

C. 

Chamberlain. 
To  apply  for  and  receive  the  share  of 
school  money  apportioned  to  the  city, . . 


No 

To  deposit  certain  monies  in  bank,  to  the 
credit  of  the  commissioners  of  common 
schools,   7 

Report  of  the  apportionment  of  school 
monies  to  be  made  to  him  by  the  board 
ofeducation,   16 

Chamberlain  to  deposit,  to  the  credit  of 
the  commissioners  of  the  respective 
wards,  the  amount  apportioned  to  their 
ward  by  the  board  ofeducation,   26 

To  receive  back  from  ward  commissioners 
school  monies  not  appropriated  by  them 
for  two  years,   33 

Children  Entitled. 

Who  entitled  to  education  in  common 
schools,  17,  89 

City  of  New-  York. 

What  school  laws  applicable  to,   2 

Clerk  of  the  City  and  County. 

To  notify  board  of  supervisors  of  the 
amount  of  school  money  apportioned  to 

to  the  city,   5 

To  fill  vacancy  in  the  office  of  deputy  su- 
perintendent 10,  82 

To  receive  annual  report  from  ward  com- 
missioners  34 

Clerk  of  the  city  and  county  shall  give 
notice  of  failure  of  commissioners  to 
make  annual  report,   35 

Clerk  of  the  Board  of  Education. 

His  appointment   11 

His  compensation,   11 

Clerk  of  the  Ward  Commissioners. 
His  appointment,   12 


24 


INDEX. 


No. 

Hia  compensation,   12 

His  duties,  '   86 

Shall  be  allowed  for  postages,  :..  87 

Colored  Children. 
See  Schools  for  Colored  Children. 

Commissioners. 

Powers  and  duties,.. 3,  14,  24,  28,  29,  30,  31. 

32,  33,  34,  39,  4u,  41,  43,  44,  46,  48,  49 
How  elected   8  |-jow 


Compensation. 


No. 


To  report  to  the  board  of  education  the 
necessity  for  organizing  schools  in  the 
wards  

To  report  to  said  board  the  teaching,  6lc. 
of  sectarian  doctrines,  &c. ...  14,  24,  62, 

Individual  commissioners  to  report  to  said 
boar. I  the  result  of  their  examinations 


Of  certain   officers,  fixed   by  supervi 

sors  85,  11,  12,  47,  52 

Of  deputy  superintendent  86 

No  compensation  to  commissioners  47,  or 
inspectors  52,  nor  trustees  67. 

I>. 

D'puty  Superintendent. 
ippointed.  9,  82 


Tenure  of  office,  9,82 

Vacancy  on  resignation,  how  filled,       10,  83 
|To  report  to  the  board  of  education  the 
I    teaching, &c.  of  sectarian  doctrine, &c.  14, 91 
91  May  grant  and  annul  certificate  of  qualifi- 
cation to  teachers,  73,  82 

General  powers  and  duties,  82,  84 

of  schools,..  .     ....   —  .     ^  Subject  to  the  directions  of  superinten- 

To  report  to  said  board  all  reports  to  them        ,    (jent  ' 

from  the  inspectors  and  trustees   of       |Appeali Yrom  his  dVcWonsYo  the  superin- 

tendent  of  common  schools,  84,  92 

His  compensation,   85 


23 


wards,  14, 2; 

To  give  bonds  for  performance  of  duty, 
&c,  

Ward  commissioners  shall  draw  for  and 
apply  the  monies  apportioned  to  their 
wards  by  the  board  of  education  agree- 
ably to  such  apportionment,   26 

Commissioners  of  each  ward  to  pay  to 
certain  Enumerated  Schools  the  school 
money  assigned  to  them   26 

Commissioners  of  each  ward  shall  be  also 
inspectors  Ihereof,  27,  53 

Shall  make  an  annual  report  to  the  county 
clerk,  making  certain  specified  state 


Districts. 
See  School  Districts. 

E. 

Examination  and  Visitation  of  Schools. 


IS 


forfeiture  for  their  neglect  to       L_  uu  ■"■»•  "J  uwpwuw*.   ui 

lal  report  36  93  Mature  ol  inspectors  and  commissioners 

y  cominia8ioneiV/8V/iV421'43]    examination  of  Enumerated  Schools; 

Ad  a\  Ai\  no    also  of  examinations  by  board  of  educa- 


Examinations  by  the  board  of  education,  • 
Forfeiture  for  refusing  to  admit  examina- 
tions  17 

merits         ,°. .  .  .  .7. . .  .r.  .".T.T. ...  34  35  Examinations  of  all  schools  in  a  ward  to 

Penalty  and  VorfeVture*  for  their'neglecVto  '     I    be  made  by  inspectors,  61,62 

make  annu< ' 
Forfeitures  by  ~~ 

44  4">  49  93    a'so  °*  examinations  by 
Commissioners  to  keep  an  account'of'         tion  and  deputy  superintendent     ... .  62 
school  monies,  and  render  the  same,        Examinations  by  deputy  superintendent,  82 
and  pay  balance  to  their  successors,  29  40  Enumerated  Schools. 

41.  42 

Commissioners  of  wards  to  have  the  pow-       Schools  described   90 

ers  and  privileges  of  a  corporation  so        Commissioners  of  each  ward  to  pay  to 

far  as  relates  to  taking,  holding,  and       '    them  their  share  «>f  the  school  money,.  26 

transferring  school  property,   46  Said  schools  may  be  visited  and  examined 

Commissioners  to  receive  no  compensa-       1    by  the  ward  commissioners,. .  .  48 

tion  for  services  beyond  their  expenses,    47  Nature  of  the  jurisdiction  of  the  ward 

Commissioners  may  visit  and  examine       ;    commissioners  and  board  of  education 
the  Enumerated  Schools   48    over  these  schools  49,  90 

And  have  a  general  jurisdiction  over       These  schools  under  the  immediate  gov- 
them,   49     ernment  of  their  own  trustees,  &c.,..  49,  90 

May  be'  sued  by  trustees  for  non-payment       Enumerated  Schools  are  not  to  be  visited 
of  monies  apportioned  to  any  district..    70    and  examined  by  ward  inspectors  with 

Shall  receive  an  annual  report  from  trus-       I    relation  to  progress,  order,  government 
tees  71  72    or  course  of  studies,   62 

ApWii^m>A^adeci8ioM.V//.V/.a/..  '92Nature   of  the  examinations  of  these 

I    schools,   62 

These  schools  are  district  schools  so  far 


Costs  of  Suits. 
See  Suits. 


as  relates  to  the  distribution  of  school 
money,   90 


INDEX. 


25 


F. 

Forfeitures  and  Penalties. 


No. 


Causes  of  forfeiture  of  a  share  of  the  school 

monies,  17,  18, 19 

Penalty  of  commissioners'  bonds,   23 

Suits  for  penalties,  &c.  in  certain  cases,  31 
Penally  for  neglecting  to  make  annual 

report,   36 

Forfeitures  by  commissioners, ..37,  38,  42,  43, 
44,  45,  4y,  93 

Penalty  for  false  report  by  trustee,   74 

Forfeitures  by  trustees,  79,  60,  93 

Forfeiture  for  teaching  sectarian  doctrine, 
&c,  .   91 


I. 


Inspectors. 

Powers  and  duties,.. 3,  13,  14,  28,  50,  54,  55, 
56,  57,  58,  59,  60,  61 

How  elected,   8 

To  report  to  the  board  of  education  the 

necessity  for  organizing  schools  in  the 

wards,   14 

To  report  to  said  board  the  teaching,  &c. 

of  sectarian  doctrine's,  &c  14,  51,  62,  91 

Commissioners  are  also  inspectors, ....  27,  53 
Inspectors  to  receive  no  compensation 

beyond  their  expenses   52 

Their  powers  and  duties  in  relation  to  the 

examination  of  teachers,  54,  55,  56,  57,  58, 

59,  60 

To  visit,  examine,  &c.  all  common 
schools  within  their  ward,  61,  62 

Nature  of  their  examination  of  the  Enu- 
merated Schools,   62 

Inspectors  may  be  assigned  to  a  certain 
number  of  districts,   13 


Laws  relating  to  Common  Schools. 

Certain  school  laws,  to  be  printed  under 
the  direction  of  the  superintendent  of 
common  schools,   9fi 

Shall  be  forwarded  to  school  officers,. ...  96 

M. 

Minute  Book. 
See  Account  Books. 

N. 

New- York,  City  of . 
See  City  of  New-York. 


Penalties  and  Forfeitures. 
See  Forfeitures. 


Postages. 

No. 

Postages  allowed  to  clerk  of  the  ward 
commissioners,   87 

R. 

Reports. 

Blank  forms  furnished,  how,   96 

Forfeiture  of  school  money  for  neglect- 
ing to  make  annual  report   18 

Annual  report  of  commissioners,  date  and 
statements,   34 

Neglect  of  commissioners  to  make  annual 
report,  :  35,  36 

Annual  report  of  trustees  to  the  commis- 
sioners, date  and  statements,  71,72 

F alse  report  by  trustees,  penalty  for,   74 

S. 

Schools  certain  Enumerated. 
See  Enumerated  Schools. 

Schools  for  Colored  Children. 
Provisions  made  for  such  schools,   95 

School  Districts. 

Alteration  of,  subsequent  to  the  Annual 
Report   21 

Organization  of   28 

To  be  described  and  numbered  by  the 
commissioners,   30 

Details  respecting  them  in  each  ward  to 
be  annually  reported  by  commissioners 
to  county  clerk,   34 

A  certain  number  of  districts  assigned  to 
one  inspector,   63 

School  Houses. 

Shall  be  under  the  custody  of  the  trus- 
tees,  68 

Titie  to  school-houses  and  lands  is  vested 
in  the  city  and  county  of  New- York,..  88 

School  Laws. 

See  Laws. 

School  Money. 

To  be  applied  for  and  received  by  cham- 
berlain as  apportioned  to  the  city,   4 

The  amount  apportioned  to  the  city  to  be 
notified  by  the  county  clerk  to  the  su- 
pervisors,   5 

Conditions  on  which  schools  shall  be  en- 
titled to  a  share  thereof   17 

Improper  expenditure,  penalty  for,   19 

Accidental  omission  to  apportion   20 

School  money  to  be  apportioned  and  ap- 
plied to  its  proper  uses  by  the  board  of 
education.  16,  17,  18,  19,  21 

Money  apportioned  by  the  board  of  edu- 
cation to  any  ward  to  be  deposited  to 
the  credit  of  the  commissioners  of  that 
ward  by  the  chamberlain  in  some  bank 
designated  by  the  supervisors,   26 


26 


INDEX. 


School  money  to  be  paid  by  ward  com- 
missioners to  certain  Enumerated 
Schools,  

School  monies  remaining  one  year  in  the 
band*  of  commissioners,  how  disposed 
of  -  

Money  not  appropriated  for  two  years  to 
he  returned  to  the  chamberlain,  

Schod  Officers. 

Enumeration  of  them,  see  Art.  III.  and  seq 

Powers  and  duties,  

Costs  in  suits  against,  


No. 
26 

32 
33 


Taxes. 

Certain  taxes  to  be  laid  by  supervisors  for 
the  support  of  common  schools,  

No  tax  shall  be  laid  or  paid  for  the  tuition 
of  children  other  than  that  provided  by 
law,   

Teachers. 


No. 


89 


School  Property. 

Powers  of  commissioners  with  regard  to 
school  property,  

School  property  held  by  trustees  as  a  cor- 
poration,   

Sectarian  Doctrines,  SfC. 

When  taught,  Arc.  in  any  school  to  be  as- 
certained and  reported  by  commission- 
ers, inspectors,  trustees  and  deputy 
superintendent,  to  the  board  of  educa- 
tion, 14,24,  62,  66,  62, 

Forfeiture  for  teaching  sectarian  doctrine, 
&c,  17, 

Suits  and  costs  thereof 

Commissioners  of  wards  shall  sue  in  cer- 
tain cases,.  

Suits  against  commissioners  for  forfeit- 
ures,. 43  44,  45,  70, 

Suits  against  trustees,  SO,  81, 

Costs  in  suits  against  school  officers,  

Superintendent  of  Common  Schools. 

He  may  correct  an  accidental  omission  to 
apportion  money  to  a  district  school,.... 

May  at  any  time  call  for  information  from 
the  commissioners  of  wards,  

To  receive  from  supervisors  certificate  of 
the  appointment  of  deputy  superinten- 
dent,..  •  

Shall  have  directive  and  appellate  pow- 
er with  regard  to  deputy  superinten- 
dent, 84, 

Appeals  to,  in  what  cases,  

Certain  duties  of  superintendent,  

Supervisors- 
To  lay  certain  taxes  for  the  support  of 

common  schools,..  

To  fix  certain  compensations,  11,  12,47,52, 
To  receive  certificate  of  visits  from  ward 

trustees,    

Shall  appoint  deputy  superintendent,  &c. 


Examination  of,  by  inspectors,  54,  55,  56,  57, 
3  58,  59,  60 

94  Employed  and  paid  by  trustees,   '8 

Qualifications  of,   73 


■it; 


•glTo  report  to  the  board  of  education 
teaching,  &.c.  of  sectarian  doctrir 


91 


20 


3^ 


Trusters. 

Powers  and  duties,  3,  'J8,  64,  65,  68.  77, 78, 80 
How  elected, 

the 

nes, 

<fcc.,--~  14,  r>2,  66,  91 

To  certify  to  the  commissioners  and  in- 
spectors the  necessity  of  organizing 

schools,.     65 

Shall  receive  no  compensation,   67 

To  have  the  custody  of  district  school- 
houses,..  '   68 

To  contract  with  and  pay  teachers,  ••. .  68 
91  To  keep  two  books,  viz.  of  Accounts  and 

of  Minutes,   69 

To  sue  commissioners  for  monies  unpaid,  70 
To  make  annual  report  to  the  commission- 
ers, 71,  72 

Penalty  for  false  leport  by  trustees,  •  •  • .  74 
Trustees  shall  certify  to  the  board  of  su. 
pervisors  how  often  their  schools  have 
been  visited  by  inspectors  and  deputy 

superintendent,   75 

Trustees  to  hold  school  property  as  a  cor- 
poration,  76 

Trustees  to  account  to  their  successors, 
and  to  pay  over  balances,  77,  78,  79,  80,  81 

Appeals  from  their  decisions,   92 

Forfeitures  by  trustees,  79,  80,  93 

Suits  against  trustees,  80,  81,  93 


82 


Visitation  and  Examination  of  Schools. 
See  Examinations. 
W. 
Wards. 

Of  the  city,  considered  as  towns  for  the 
purposes  of  common  schools,.   1 

Remedy  of  ward  for  loss  of  its  share  of 
school  money  by  neglect  of  commission- 
ers,....  •  37,  38 


A  DIGEST 

OF  THE 

COMMON  SCHOOL  LAW, 

APPLICABLE  TO 

THE  CITY  AND  COUNTY 

OF 

NEW-YORK. 


A  DIGEST 


OF  THE 

COMMON  SCHOOL  LAW, 

APPLICABLE  TO 

THE  CITY  AND  COUNTY  OF  NEW-YORK. 


[All  the  provisions  of  the  act  of  April  11th,  1842,  chapter  150,  to  extend  to  the  city 
and  county  of  New-York  the  provisions  of  the  general  act  in  relation  to  common 
schools,  and  such  provisions  of  the  Revised  Statutes  and  of  subsequent  laws  as  are 
by  that  act  extended  to  the  city  and  county  of  New-York,  are  embodied  in  this 
Digest. 

The  original  number  of  each  section  is  in  all  cases  retained,  whether  it  was  a 
part  of  the  Revised  Statutes,  or  was  taken  from  some  subsequent  act.  In  the  latter 
case,  there  is  a  reference  to  a  note  at  the  foot  of  the  page,  which  gives  the  particular 
chapter  from  which  the  section  is  taken,  and  its  number  is  enclosed  within  brackets, 
in  order  to  distinguish  it  from  the  sections  of  the  Revised  Statutes,  which  are  printed 
with  the  section  mark  only. 

When  there  is  no  reference  to  any  chapter,  the  sections  are  taken  from  the  Revised 
Statutes,  Title  II.  Chapter  XV.  Part  L  The  letters  R.  S.  refer  to  this  Title  of  the 
Revised  Statutes.  When  the  law  of  1842  is  referred  to,  the  abovementioned  act, 
chapter  150,  is  intended.  When  the  law  of  1841  is  referred  to,  chapter  260  of  the 
laws  of  that  year  is  intended. 

To  facilitate  reference  to  them,  the  sections  in  this  Digest  are  also  numbered  con- 
tinuously from  the  first  to  the  last,  without  regard  to  the  statutes  from  which  they 
are  taken.    The  index  at  the  end  refers  to  these  numbers.] 


Object  of  the  Law  of  April  llth,  1842. 

No.  1.— The  object  of  the  act  of  April  llth,  1842,  chapter  General  & 
150,  as  disclosed  in  its  title  in  connection  with  its  enacting  law  of  April 
clauses,  is  to  extend  to  the  city  and  county  of  New- York,  the llth' 1842, 
provisions  of  the  general  act  in  relation  to  common  schools, 
with  various  qualifications  and  modifications. 

Names  and  Character  of  Officers  to  be  elected. 

No.  2.  [§  3.] — The  character  of  towns  is  affixed  for  the  pur-  commis- 
poses  of  the  act,  to  the  different  wards  of  the  city. — [§  1.]    Two  JTctor's/ali'd 
commissioners,  two  inspectors,  and  five  trustees  of  common Selected^ 
schools  are  to  be  elected  in  each  of  the  wards,  with  the  like each  ward- 
powers  and  duties  of  similar  officers  in  towns,  except  that  the 


30 


.SUPERVISORS — BOARD  OF  EDUCATION. 


trustees  of  each  ward  are  to  be  trustees  of  all  the  school  dis- 
tricts in  their  ward.1 
Deputy  su-      ^Vb.  3.  [§  36.] — A  deputy  superintendent  of  common  schools 
enttobeap-  for  the  city  is  to  be  appointed  by  the  board  of  supervisors,  to 
Tenure"  of  hold  ms  office  for  two  years,  subject  to  removal  by  the  board  of 
office.       supervisors  on  complaint  for  cause  stated  ;  [§  37]   and  with 
power  to  resign  his  office  at  any  time  to  the  clerk  of  the  city, 
!?on.rcsl?na  who  may  fill  the  vacancy  until  the  next  meeting  of  the  board  of 
supervisors.2 

City  cham-  Chamberlain's  duty  in  respect  to  School  Fund. 

berlain  to 

andyrec°Jive  4-  h  13  —The  chamberlain  of  the  city  is  to  apply  for 

he  school   and  receive  the  portion  of  the  school  fund  allotted  to  the  citv. 

money.  1  * 

Board  of  Supervisors. 

The  board  of  No.  5.  [I  9.] — The  board  of  supervisors  of  the  city,  on  re- 
to  raise  by8  ceiving  a  notice  of  the  amount  of  their  portion  from  the  clerk 
amount  °f  ^e  c^Yj  (which  notice  it  is  his  duty  to  give,  [§  8])  are  to 
equal  to      raise  bv  tax  a  sum  equal  to  that  amount  in  the  same  manner  as 

their  portion  *  .  .        1        _   _  _  , 

ofthe  school  the  contingent  charges  of  the  city  are  collected,  and  to  direct 
that  a  sum  of  money  equal  to  that  last  received  by  the  chamber- 
lain from  the  common  school  fund,  together  with  the  portion  so 
received  from  the  school  fund,  be  deposited  by  the  chamberlain 
in  some  incorporated  bank  designated  by  the  supervisors,  to  the 
JchooPfunds  credit  of  the  commissioners  in  each  ward,  in  the  proportions  in 
to  the  credit  which  they  shall  be  respectively  entitled.1*     These  monies 

ofward  com-  J  .     r  J 

missioners  are  to  be  applied  exclusively  to  the  payment  01  the  compensation 
m  an  '     of  qualified  teachers.t 

Also,  one-      No.  6.  [§  9.] — In  addition  to  these  sums,  the  board  of  super- 
twentieth  of  .  L.    J .    «  ■  ,  .  5  j 
one  per  cent  visors  are  to  raise  by  the  same  tax  a  sum  equal  to  one-twentieth 

real  an? per-  °f  one  Per  ceni  °f  tne  value  of  the  real  and  personal  property 
sonai  pro-  m  the  citv  liable  to  be  assessed  therein,  to  be  applied  exclusively 

perty  in  the         .  -  _  .       .       '      .         *, r .      .  ' 

city;  and    to  the  purposes  ot  common  schools  ;  and  such  further  sum  as 
sum  afs  mayF  may  be  necessary  for  the  support  and  benefit  of  common  schools 
beneces-    m  tQe  c[{y^  an(j  which  shall  be  in  lieu  of  all  taxes  and  assess- 
ments to  the  support  of  common  schools  for  said  city.1 


Board  of  Education. 

Board  of        No.  7.  [§  1.] — The  board  of  education  is  composed  of  the 
education.   commissioners  0f  schools  for  the  different  wards,  a  majority  of 
whom  constitute  a  quorum.  They  are  to  elect  one  of  their  num- 
cilrkdent'    Der  president  of  the  board,  and  to  appoint  a  clerk,  whose  com- 
pensation is  to  be  fixed  and  paid  by  the  supervisors  of  the  city. 

(1)  Law  of  1S42.  (2)  Law  of  1841.         (+)  R.  S.,  §  24. 

*  These  proportions  will  be  shown  by  the  copy  of  the  apportionment  made  by  the 
board  of  education,  and  filed  with  the  chamberlain  of  the  city  as  hereinafter  men- 
tioned (in  No.  8). 


BOARD  OF  EDUCATION. 


31 


The  president  is  to  preside  at  the  meetings  of  the  board,  which 
are  to  be  held  at  least  as  often  as  once  in  three  months. 

No.  8.  T§  7,  14.1 — Their  duties  are.  to  receive  certificates  and?eP°rLsto 

L  •   i      i    J  .     .  .  ,  _  ,      be  made  to 

reports,  winch  the  commissioners,  inspectors,  and  trustees  oi  the  the  Board, 
several  wards,  and  the  deputy  superintendent  are  authorized  to 
make  to  them  [§  15]  ;  to  apply,  for  the  use  of  the  several  dis- 
tricts, such  monies  as  shall  be  raised  to  erect,  purchase,  or  lease  JJ°£esofthe 
school-houses,  or  to  procure  the  sites  thereof;   to  apportion 
among  the  several  schools  and  districts*  provided  for  by  the  act  Apportfoa- 
of  11th  April,  1842,  the  school  monies  to  be  paid  over  to  the'g^JJJJ* 
commissioners  of  each  ward,  according  to  the  average  number  schools  and 
of  children  over  four  and  under  sixteen  years  of  age,  who  shall  1&tncts- 
have  actually  attended  such  schools  the  preceding  year,  exclud- 
ing from  such  apportionment,  however,  all  districts  with  regard 
to  which  it  shall  not  appear  by  the  reports  hereinafter  mentioned, 
No.  52,    that  all  monies  received  from  the  commissioners 
during  the  previous  year,  have  been  applied  to  the  payment 
of  the  compensation  of  qualified  teachers.1  and   any  school 
that  has  not  been  kept  open  at  least  nine   months  in  the 
year,  or  in  which  any  religious  sectarian  doctrine  or  tenet  Causes of 
shall  have  been  taught,  inculcated,  or  practised,!  or  which  shall  fe^J,reof 
refuse  to  permit  the  visits  and  examinations  of  the  board  of  monies, 
education  or  any  of  its  members,  or  of  the  deputy  superintend- 
ent of  schools,  or  of  the  inspectors  or  trustees  of  the  ward  in 
which  it  is  ;  and  to  file  with  the  chamberlain  on  or  before 
the  fifteenth  day  of  April  in  every  year  a  copy  of  such  ap- 
portionment.2 

No.  9.  §  26.  [§  1.] — If  any  district  school  shall  be  formed  JgygJ^ 
after  the  date3  of  the  annual  reports,  the  board  of  education  are  met  formed 
to  include  such  school  in  their  apportionment,  ascertaining  the  report"""*1 
number  of  children  by  the  best  means  in  their  power. t4 

No.  10.  [§  2.] — Whenever  an  apportionment  to  a  school  shall  fenfi°"may 
not  be  made,  in  consequence  of  an  accidental  omission  to  re-  direct  aPPor- 

1  tionment 

(1)  R.  S.,  §  24.  (2)  Law  of  1842.  (3)  Law  of  1841,  chapter  261,  §  1.  (4)  R.  8., 
§  26  ;  Laws  of  1831,  chapter  206. 

*  These  are  the  schools  hereinafter  named.  (No.  76,)  and  such  district  schools  as 
may  he  organized 

"t  The  duty  therefore  rests  upon  the  board  of  education  of  deciding"  whether  any  Duty  of 
of  these  schools  has  incurred  this  penalty  ;  and,  to  assist  them  in  performing-  it,  they  ooarf]  of  ed 
and  all  the  members  severally  are  authorized  to  visit  and  examine  these  schools,  and  JfoJdfeSJJreiL 
they  are  also  to  receive  reports  from  the  deputy  superintendent  and  the  commission- 
ers, inspectors,  and  trustees  of  the  different  wards 

It  is  not  only  an  important  hut  a  delicate  duty,  especially  as  the  provisions  for  an 
appeal  in  certain  cases  to  the  superintendent,  contained  informer  laws,  are  not  em- 
bodied in  the  act  of  1842,  and  consequently  do  not,  it  is  believed,  extend  to  the  exer- 
cise of  this  power. 

t  The  law,  in  terms,  is  cjnfined  to  school  commissioners  of  each  town,  and  cannot 
be  applied  to  the  city,  without  accommodating  to  the  board  of  education  the  provi- 
sio  ns  which  are  applicable  in  the  general  act  to  such  commissioners,  whether  sush 
an  accommodation  does  not  exceed  the  just  limits  of  a  mere  compilation  is  worthy  of 
consideration.  But  following  the  well-established  rule  of  jurisprudence  by  which 
effect  is  given  to  the*  equity  of  a  statute,  and  considering  the  necessity  and  justice  of 
these  provisions,  it  is  on  the  whole  believed  to  be  right  to  adopt  them,  w-ith  this  accom- 
modation, as  a  part  of  the  school  system  of  the  city. 


32 


COMMISSIONERS. 


when  the 

omission  to 
report  is 
accidental. 


Visits  and 
examina- 
tions of 
schools  by 
the  board. 


port,  or  to  comply  with  any  provision  of  law  or  any  regulation, 
the  superintendent  may  direct  an  apportionment  to  be  made  to 
such  district,  according-  to  the  equitable  circumstances  of  the 
case,  out  of  the  public  money  on  hand,  or  if  that  shall  have 
been  distributed,  out  of  the  public  money  to  be  received  in  the 
following  year.1 

No.  11.  [§  14.] — The  board  and  any  member  of  it  may  at 
any  time  visit -and  examine  any  district  school,  or  any  of  the 
schools  hereinafter  named,  (in  No.  76).2 


Organization 

of  school 
districts. 


School- 
house,  <fcc, 
to  be  pro- 
cured. 


Bond  of 

commission- 
ers for  faith- 
ful perform- 
ance. 
Commis- 
sioners to 
ascertain 
and  report 
as  to  secta- 
rian doctrine 
&c,  in  the 
schools  in 
their  wards  ; 
and  to  trans- 
mit to  the 
board  of  ed- 
ucation re- 
ports of  trus- 
tees and  in- 
spectors. 
Commis- 
sioners to 
draw  the 
school  mo- 
ney deposit- 
ed to  their 
credit  in 
bank, and 
to  apply  the 
same. 


Commissioners  of  Common  Schools. 

No.  12.  [§  7.J  —The  commissioners  and  inspectors  of  each 
ward,  upon  receiving  a  certificate  from  the  trustees  of  the  ward 
of  the  necessity  of  organizing  one  or  more  schools  in  the  ward, 
in  addition  to  those  named  in  the  act  of  April  11th,  1842,  (being 
the  schools  and  societies  hereafter  named  in  No.  76,)  are  to  meet 
together,  and  to  examine  into  the  facts  and  circumstances  of  the 
case,  and  if  satisfied  of  such  necessity,  they  are  to  certify  the 
same,  under  their  hands,  to  the  board  of  education,  and  to  pro- 
ceed to  organize  one  or  more  school  districts  therein,  and  to 
procure  a  school-house,  and  all  things  necessary  to  organize  a 
school  in  such  district,  the  expense  of  which  is  to  be  levied  by 
the  supervisors  of  the  city,  pursuant  to  the  provision  hereinbe- 
fore mentioned,  respecting  raising  money  by  tax  for  school 
purposes.2 

No.  13. — The  commissioners  of  each  ward  are  required — 
[§  17.] — Within  fifteen  days  after  their  election  to  deli- 
ver to  the  supervisors  a  bond  with  sureties  conditioned  for  the 
faithful  performance  of  their  duties,  and  the  proper  application 
of  all  monies  coming  to  their  hands.2 

No.  14.  [§  14.] — From  time  to  time,  and  as  often  as  need  be, 
to  examine  and  ascertain,  and  report  to  the  board  of  education, 
whether  any  religious  sectarian  doctrine  or  tenet  shall  have 
been  taught,  inculcated,  or  practised  in  any  of  the  schools  of 
their  respective  wards.2 

No.  15.  [§  14.] — To  transmit  to  the  board  of  education  all 
reports  made  to  them  by  the  trustees  and  inspectors  of  their 
respective  wards.2 

No.  16.  [§  10.] — To  draw  from  the  bank  the  money  deposited 
to  their  credit  by  the  chamberlain  of  the  city,  and  to  apply  the 
same  to  the  use  of  the  schools  and  districts  in  their  ward,  ac- 
cording to  the  apportionment  thereof  by  the  board  of  education, 
in  the  following  manner,  viz.— the  money  apportioned  to  the 
several  schools  hereinafter  named,  (in  No.  76.)  is  to  be  paid  to 


(1)  Law  of  1841,  chapter  260. 


(2)  Law  of  1842. 


COMMISSIONERS. 


33 


the  treasurers  of  their  schools  or  societies,  or  to  some  person 
authorized  by  the  trustees  thereof  to  receive  it  [  §16] ;  the  mo- 
ney apportioned  to  the  district  schools  is  to  be  paid  to  the  trus- 
tees of  the  common  schools  of  that  ward.*1 

No.  17.  §  20.— To  divide  and  number  the  school  districts,  S™^3* 
and  to  deliver  to  their  clerk  the  description  and  number  thereof.!  divid,e  and 

1  number 

school  dis- 
tricts. 

No.  18.  §  29.— To  make  and  transmit  to  the  clerk  of  the  £0n™^cr0em. 
city,  between  the  first  day  of  July  and  the  first  day  of  August  misaoners. 
in  each  year  a  report  in  writing,  bearing  date  the  first  day  of 
July  in  the  year  of  its  transmission,  stating 

1.  The  whole  number  of  school  districts  within  their  ward, To contain 

ccrtciin 

[  [§  15]  specially  designating  those  for  colored  children.2]  statements. 

2.  The  districts  from  which  reports  shall  have  been  made  to 
them,  or  to  their  immediate  predecessors  within  the  time  limited 
for  that  purpose. 

3.  The  length  of  time  a  scnool  shall  have  been  kept  in  each 
of  such  districts,  distinguishing  what  portion  of  that  time  the 
school  shall  have  been  kept  by  qualified  teachers. 

4.  The  amount  of  public  monies  received  in  each  of  such 
districts. 

5.  The  number  of  children  taught  in  each. 

6.  The  whole  amount  of  monies  received  by  the  commis- 
sioners, or  their  predecessors  in  office,  during  the  year  ending  at 
the  date  of  their  report,  distinguishing  the  amount  received  from 
the  city  chamberlain,  and  from  any  other  and  what  source. 

7.  The  manner  in  which  such  monies  have  been  expended, 
and  whether  any  and  what  part  remaids  unexpended,  and  for 
what  cause. 

8.  [§  2.] — The  amount  of  money  paid  for  teachers'  wages  in 
addition  to  the  public  money  paid  therefor  in  the  districts  from 
which  reports  shall  have  been  received  by  them  or  their  imme- 
diate predecessors  in  office.3 

9.  [§  2.]— With  such  other  information  as  the  superintendent 
may  from  time  to  time  require,  in  relation  to  the  schools  within 
their  ward.3 

No.  19.  §  34, 35,  36. — To  keep  an  account  of  all  school  monies  ^e^sto 
received  and  expended  by  them  during  their  year  of  office,  and  keepac- 
within  fifteen  days  after  the  termination  of  their  office  to  render  render  to 
such  account  in  writing  to  their  successors  in  office,  and  im-  successors, 
mediately  to  pay  to  such  successors  any  balance  that  shall  be  in 
their  hands. 

(1)  Law  of  1842.    (2)  Law  of  1841.    (3)  Law  of  1837,  chapter  241. 

*  The  law  does  not,  in  express  terms,  direct  that  this  money  shall  be  paid  to  tho 
trustees  of  common  schools,  but  it  is  implied  in  various  provisions.  (See  Nos.  28, 
48,50,51,55.) 

t  It  is  doubtful  whether  this  provision  applies  to  the  city,  but  it  will  be  best  for  the 
commissioners,  as  a  matter  both  of  prudence  and  convenience,  to  comply  with  this 
direction. 

5 


31 


COMMISSIONERS. 


wenjSSed  *  ^ ' — ^°  state  m  sucn  account  any  appropriation,  if 

balances,    any  has  been  made,  to  any  particular  district,  which  remains  in 

their  hands  lor  the  use  thereof. 
acVouCn°trsdre-  No.  81.  §  35,  37.— To  deliver  to  their  clerk  to  be  filed  and 
ce^ed^from  recorded  in  his  office,  any  such  account  which  they  may  have 
ceMon  e  received  from  their  predecessors,  and  to  pay  over  out  of  such 
pay  imounts  balance,  according  to  such  appropriation,  the  amount  so  stated 
e5pb0y'tnem  °y  sucn-  predecessors  to  have  been  appropriated  by  them  to  a 

particular  district. 

Je°ceU9soPrrse"  No-  22-  *  39.— To  prosecute  without  delay,  in  their  name  of 
for  forfeit-  office,  any  of  their  immediate  predecessors  who  shall  have  in- 
red  by  them,  curred  forfeiture  by  neglect  or  refusal  to  render  such  account, 
or  to  pay  over  such  balance,  or  to  deliver  a  statement  of  such 
appropriation,  if  any  there  be,  and  to  distribute  and  pay  the 
monies  recovered  on  such  prosecution  in  the  same  manner  as 
other  school  monies  received  by  them. 


To  sue  for-  at~  qq 
mer  coin- 


40,  41. — To  sue,  in  their  name  of  office,  for  the 
forvuEx"1  recovery5  w*m  interest,  of  any  unpaid  balance  of  school  monies 
pended      that  shall  appear  to  have  been  in  the  hands  of  any  previous 
aiances.    comrnissioner  on  leaving  his  office,  either  by  the  accounts  ren- 
dered by  such  commissioner,  or  by  other  sufficient  proof,  such 
suit  to  be  brought  against  the  representatives  of  such  commis- 
sioner if  he  shall  be  dead. 
SiyUfo?reau     No.  24.  §  20.— To  sue  for  and  collect,  by  their  name  of  office, 
penalties    all  penalties  and  forfeitures  imposed  in  Title  U.  Chapter  XV. 
wee  not     Part  I.  of  the  Revised  Statutes,  and  in  respect  to  which  no  other 
provSedfor.  provision  is  made,  which  shall  be  incurred  by  any  officer  or  in- 
habitant of  their  ward,  and  after  deducting  their  costs  and  ex- 
penses, to  add  the  sums  recovered  to  the  school  monies  received 
by  them,  to  be  appropriated  and  paid  in  the  same  manner. 

Commissioners  are  liable  to  the  following  penalties  and  for- 
feitures :* — 

forlnnuai       No.       $  31,  32. — For  a  neglect  to  make  their  annual  report, 
report  with-  hereinbefore  mentioned,  on  or  before  the  first  day  of  August,  the 
sum  of  ten  dollars,  forfeited  to  their  ward,  for  the  use  of  com- 
mon schools  therein  ;  the  share  of  school  monies  apportioned 
to  their  ward  tor  the  ensuing  year  may,  in  the  discretion  of  the 
superintendent  of  common  schools,  be  withheld  from  such  ward, 
andcommis  an(^  ^e  distributed  among  the  other  wards  of  the  city;  in  which 
sioners      case  such  commissioners  shall  forfeit  to  their  ward  the  full 
amount01"    amount,  with  interest,  of  the  monies  so  lost. 
nee?ielc[to0r      No.  26.  §  3S. — For  a  neglect  or  refusal  to  render  to  their  suc- 
account.     cessors  their  accounts,  or  to  pay  over  any  balance,  or  to  deliver 
a  statement  of  any  appropriation,  if  any  there  be,  one  hundred 
dollars. 

*  These  provisions  do  not  appear  to  be  inconsistent  with  that  which  requires  the 
commissioner  to  give  a  bond  with  sureties  for  the  faithful  performance  of  their  du- 
ties ;  and  they  are  therefore  retained.  The  latter  seems  to  be  merely  an  accumu- 
lative provision. 


COMMISSIONERS. 


35 


No.  27.  T§  6.1 — For  refusing  or  wilfully  neglecting  to  make  Pen,aity  for 

L       J   r  .        j  •     j  *      -1  t  neglect  to 

any  report,  or  perform  any  ether  duty  required  by  law,  or  by  re-  report,  or  for 
gulations  or  directions  made  under  the  authority  of  any  statute,  neglect, 
ten  dollars,  for  the  use  of  the  common  schools  in  their  ward  ;  if 
any  money  to  which  their  ward  would  have  been  entitled  shall 
be  lost  in  consequence  of  any  wilful  neglect  of  official  duty,  on 
the  part  ot  any  commissioners,  those  guilty  of  such  neglect 
shall  forfeit  to  thoir  ward  the  full  amount,  with  interest,  of  the 
monies  so  lost ;  and  they  shall  be  jointly  and  severally  liable  for 
the  payment  of  such  forfeiture.1 

No.  28.  §  90. — If  commissioners  neglect  or  refuse  to  pay  over  suit  against 
any  monies  which  have  been  apportioned  to  a  district,  it  is  the  ers  forneg- 
duty  of  the  trustees  thereof  to  bring  a  suit  for  the  recovery  of  oveVmJne'y 
such  money,  with  interest,  against  the  commissioners  in  whose  apportioned 

j  >  i     o  to  any  dis- 

hands  the  same  shall  be,  or  to  pursue  such  other  remedy  for  the  trfct. 
recovery  thereof  as  is  or  shall  be  given  by  law. 

No.  29.  §  42. — The  commissioners  of  each  ward  have  the  commis- 
powers  and  privileges  of  a  corporation,  so  far  as  to  enable  them  hav/Se*0 
to  take  and  hold  any  property  transferred  to  them  for  the  use  of  corporation 
common  schools  in  such  ward.  with  regard 

to  school 
property. 

No.  30.  §  44. — The  commissioners  of  each  ward,  together  sectors"1" 
with  the  other  inspectors  elected  in  their  ward,  are  inspectors  of 
common  schools  for  that  ward. 

No.  31.  [§  14.] — Any  commissioner  may  at  any  time  visit  and  Any  com- 
examine  any  of  the  schools  hereinafter  named,  (in  No.  76,)  or  may  visit 
any  school  organized  as  a  district  school  in  the  city.    He  is  re-  ally  Sot"6 
quired  to  report  to  the  board  of  education  the  result  of  his  ex- 
aminations.2 

No.  32.  [§  5.] — Commissioners  are  allowed  nothing  for  any  Sonera8^ 
services  performed  by  them,  but  are  entitled  to  receive  their  J^^no 
actual  and  reasonable  expenses  while  attending  to  the  duties  oftionbut' 
their  office,  to  be  audited  and  allowed  by  the  supervisors.2  reasonable 

expenses. 

No.  33.  [§  33.] — In  suits  against  commissioners  for  acts  done  *°£°fc0m 
under  color  of  office,  or  refusals  or  omissions  to  perform  duties  missioned 
which  might  have  been  the  subject  of  an  appeal  to  the  superin-  S3?*" 
tendent.  no  costs  shall  be  allowed  to  the  plaintiff  where  the 
court  shall  certify  that  it  appeared  on  the  trial  that  the  defend- 
ant acted  in  good  faith.    But  this  provision  does  not  extend  to 
suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce  the  de- 
cisions of  the  superintendent.3 

No.  34.  [§13.] — The  commissioners  of  each  ward  have  aCommis- 
general  jurisdiction,  subject  to  the  direction  of  the  board  of  edu-  wards  to 
cation,  over  any  of  the  schools  hereinafter  named,  (in  No.  76,)  r^ilaiS' 
which  may  be  located  in  their  ward,  in  the  same  manner  and  to tiori  °f  seve- 
the  same  extent  as  district  schools,  but  such  schools  shall  be  rated 

Schools ;  but 
the  schools 

(1)  Law  of  1839,  Chap.  330.    (2)  Law  of  1842.   (3)  Law  of  1841.  tht  imme- 

diate  govern- 
ment of  the 


36 


INSPECTORS 


own  mis-    linder  the  immediate  government  and  management  of  their  res- 
tees,^.  O  n 
pective  trustees,  managers,  and  directors.1 

Monies  one     No.  35.  §  27. — All  monies  remaining  in  the  hands  of  com- 

Jandsn0f    missioners  lor  one  year,  by  reason  of  trustees  neglecting  or  re- 

™smmisslon' fusing  to  receive  the  same,  are  to  he  added  to  the  monies  next 

thereafter  apportioned,  and  apportioned  and  paid  therewith,  and 

in  the  same  manner. 

retained  to  ^      — ^  any  sucn  momes  shall  remain  in  their 

chamber-  hands  for  two  years,  by  reason  of  the  non-compliance  of  all  the 
school  districts  in  their  ward  with  the  provisions  of  the  law, 
they  shall  be  returned  by  them  to  the  chamberlain  of  the  city 
and  county,  to  be  by  him  apportioned  and  distributed,  together 
and  in  the  same  manner  with  the  monies  next  thereafter  to  be 
received  by  him  for  the  use  of  common  schools. 

Inspectors  of  Common  Schools. 
commis-        No.  37.  [§7.1 — The  inspectors  of  common  schools  in  each 

sioners  and  L       J  r         .  ,  ■ 

inspectors  ward  are  to  act  with  the  commissioners  as  hereinbefore  men- 
Jointiy  in  tioned,  (No.  12,)  in  deciding  upon  the  necessity  of  organizing 
district  schools,  and  in  organizing  school  districts,  and  procuring 
school  houses  and  other  things  necessary  to  organize  such  dis- 
trict schools.1 

inspectors  No.  38.  [§  14.] — It  is  their  duty  from  time  to  time,  and  as  often 
a°ndS?eei)ortnifas  uee&  °e,  to  examine  and  ascertain  and  report  to  the  board  of 
anndocltrine  education  whether  any  religious  sectarian  doctrine  or  tenet  shall 
&c.  is  taught  have  been  taught,  inculcated,  or  practised  in  any  of  the  schools 
fchooUny  of  their  ward." 

their  ward. 


certain 
cases. 


Their  duty  to  No.  39.  §  45,  46,  47. — It  is  their  duty  to  examine  candidates 
teacders and  for  teaching  common  schools,  and  to  ascertain  the  qualifications 
?ates.cerUfi  °f  sucn  candidates  as  to  moral  character,  learning,  and  ability, 
and  to  deliver  to  every  such  candidate  with  whose  qualifications 
they  shall  be  satisfied,  a  certificate  signed  by  them  in  the  form 
toJs0suffipec  prescribed  by  the  superintendent  of  common  schools.  (It  is  not 
cient  to  necessary  for  more  than  two  inspectors  to  meet  and  certify  to  the 
cfrtTfyneand  qualifications  of  any  teacher.)3 

Any  three  No.  40.  §  48. — Any  three  inspectors  may  annul  any  such  cer- 
mayannui  tificate  given  by  them  or  their  predecessors  in  office,  when  they 
such  certifi-  shall  think  proper,  giving  ten  days  previous  notice  in  writing  of 
their  intention  to  the  teacher  holding  it,  and  to  the  trustees  of  the 
ward  in  which  he  may  be  employed.  But  the  annulling  of  any 
certificate  shall  not  disqualify  the  teacher,  until  a  note  thereof 
in  writing,  containing  his  name,  and  the  time  when  his  certifi- 


(1)  Law  of  1842.    (2)  Law  of  1841,  Chap.  260.    (3)  Law  of  1841,  §  6. 

*  This  provision  includes  the  schools  hereinafter  named  in  No.  76,  and  necessa- 
rily implies  that  the  inspectors  (for  this  purpose  only)  have  a  right  to  visit  any  of 
these  schools  in  their  ward. 


TRUSTEES.  37 

cate  was  annulled,  shall  be  made  by  the  inspectors  and  filed  in 
the  office  of  the  clerk  of  the  commissioners  of  the  ward. 

No.  41 .  §  49. — The  inspectors  may  subject  any  teacher  in  inspectors 
their  ward  to  a  re-examination  as  to  his  qualifications,  whenever  ™y  teSher 
they  shall  deem  it  necessary.  £ah£eSE! 

ination. 

No.  42,  §  52,  53. — It  is  their  duty  to  visit  all  duly  organized  Duty  as  to 
common  schools  in  their  ward  as  often  as  once  a  year,  and  oftener  Soil 
if  they  shall  deem  it  necessary  ;  and  at  such  visitation  to  examine 
into  the  state  and  condition  of  such  schools,  both  as  it  respects 
the  progress  of  the  scholars  in  learning  and  the  good  order  of 
the  schools  ;  and  they  may  give  their  advice  and  direction  to  the 
trustees  and  teachers  of  such  schools  as  to  the  government 
thereof  and  the  course  of  studies  to  be  pursued  therein.* 

No.  43.  §  54. — Any  inspector  by  agreement  with,  or  direction  of  ib. 
the  other  inspectors  may  be  assigned  to  a  certain  number  of  dis- 
tricts, which  it  shall  be  his  special  duty  to  visit  and  inspect. 

No.  44.  §  5. — Inspectors  are  allowed  no  compensation  for  any  n0  compen 
services,  but  they  are  entitled  to  their  actual  and  reasonable  ex-  edbmactuti 
penses  while  attending  to  the  duties  of  their  office,  to  be  audited  gep^des  10 
and  allowed  by  the  supervisors  of  the  city.1 

Trustees  of  Common  Schools. 

No.  45.  [§  1] — The  trustees  of  common  schools  of  each  ward  °f 
shall  be  trustees  of  the  school  districts  which  may  be  formed  Inward  to 

therein.1  be  trustees 

of  school 
districts, 
formed 
therein. 

No.  46.  [§  7.] — They  are  to  certify  in  writing  to  the  commis-  Trustees  to 
sioners  and  inspectors  of  their  ward,  (when  they  think  it  right,)  necessityof 
that  it  is  necessary  to  organize  one  or  more  schools  in  said  ward  df|tr?i?ng 
in  addition  to  the  schools  hereinafter  named  (in  No.  76). 1  schools. 

No.  47.  [§14.] — They  are  from  time  to  time  and  as  fre-  They  are  to 
quently  as  need  be,  to  examine  and  ascertain  and  report  to  the  Ac-Ystosec- 
board  of  education  whether  any  religious  sectarian  doctrine  or  {n"en&c.c" 
tenet  shall  have  been  taught,  inculcated  or  practised,  in  any  of  J*1^1  *c- 
the  schools  in  their  ward.1!  school. 

No.  48.  §  75. — They  are  to  have  the  custody  and  safe  keep-  Jus^dyVf6 
ing  of  the  district  school  houses  ;  fcSS" 

houses. 

To  contract  with  and  employ  all  teachers  in  the  dis-  J ^achera1 

trict; 

To  pay  the  wages  of  the  teachers  when  qualified  out  of  And  paying 

them. 


(1)  Law  of  1842. 

*  This  provision  does  not  extend  to  the  schools  named  in  No.  76,  which  are  dis- 
trict schools  only  so  far  as  relates  to  the  distribution  of  the  school  fund, 
f  See  note  to  No.  33. 


38 


TRUSTEES. 


To  procure 
blank  books 


To  sue  com- 
missioners 
for  neglect 
to  pay 
monies 
apportioned. 

Annual 
report  of 


How  made. 


To  contain 

certain 

statements. 


Qualified 
teachers. 


Inspection 
of  schools  to 
be  certified 
by  trustees. 


the  monies  which  shall  come  into  their  hands  from  the  commis- 
sioners of  common  schools ; 

No.  49.  §  11. — To  procure  for  the  use  of  each  district  of  their 
ward,  two  bound  blank  books  from  time  to  time  as  shall  be  ne- 
cessary ;  in  one  of  which  an  account  of  all  monies  received  and 
paid  by  them,  and  of  all  moveable  property  belonging  to  the 
district,  shall  be  entered  at  large  and  signed  by  them.  In  the 
other  the  teacher  shall  enter  the  names  of  the  scholars  attending 
school,  and  the  number  of  days  they  shall  have  respectively 
attended,  and  also  the  days  on  which  such  school  shall  have  been 
inspected  by  the  deputy  superintendent  and  the  inspectors  of 
common  schools  for  the  ward,  which  entries  shall  be  verified  by 
the  oath  or  affirmation  of  the  teacher.  The  said  books  shall  be 
preserved  by  the  trustees  as  the  property  of  the  district,  and  shall 
be  delivered  to  their  successors. 

No.  50.  §  90. — To  sue  commissioners  for  monies  in  their 
hands,  apportioned  to  a  district,  which  they  have  neglected  to 
pay  over.  (See  No.  26.) 

No.  51.  §  91,  92. — They  are  after  the  first  day  of  January  in 
every  year,  and  on  or  before  the  1st  day  of  March  thereof,  to 
make  and  transmit  to  the  commissioners  of  common  schools  of 
their  ward,  a  report  in  writing,  dated  on  the  first  day  of  January 
in  that  year,  and  signed  and  certified  by  a  majority  of  the  trustees 
making  it,  specifying, 

1.  The  whole  time  each  district  school  in  their  ward  has  been 
kept  during  the  year  ending  on  the  day  previous  to  such  first 
day  of  January,  and  distinguishing  what  portion  of  the  time 
such  school  has  been  kept  by  qualified  teachers. 

2.  The  amount  of  monies  received  from  the  commissioners 
of  common  schools  during  such  year,  and  the  manner  in  which 
snch  monies  have  been  expended. 

3.  The  number  of  children  taught  in  each  district  of  their 
ward  during  such  year. 

4.  §  1.  The  amount  of  money  paid  for  teachers'  wages  in 
addition  to  the  public  money  paid  therefor,  and  such  other  in- 
formation in  relation  to  the  schools  and  the  districts  in  their 
ward,  as  the  superintendent  may  from  time  to  time  require. 

No.  52.  §  93. — No  teacher  is  to  be  deemed  a  qualified  teacher 
unless  he  holds  a  certificate  of  qualification  dated  within  one 
year  from  the  inspectors  of  common  schools  for  the  ward  in 
which  he  shall  be  employed,  or  from  the  deputy  superintendent 
of  the  city. 

No.  53.  [§  12.] — The  trustees  of  every  ward  are  to  certify  to 
the  board  of  supervisors,  within  one  week  before  their  annual 
meeting  the  number  of  times  each  of  the  district  schools  in  their 
ward  has  been  visited  and  inspected  by  the  deputy  superin- 
tendent and  the  inspectors  of  schools  of  their  ward,  which  cer- 


TRUSTEES. 


39 


tificate  shall  be  laid  before  the  board  of  supervisors  at  their  an- 
nual meeting.1 

No.  54.  §  97. — The  trustees  of  each  ward  are  to  hold  as  a  JKJJJS 
corporation  all  property  vested  in  them  now  or  hereafter,  for  the  property  as 

r      i       i     •     ,i  i  a corpora- 

USe  of  schools  in  the  ward.  tion. 

No.  55.  §  9S,  99,  100,  101. — They  are,  on  the  expiration  of  Trustees  to 
their  offices,  to  render  to  their  successors  a  just  and  true  account  eoun  " 
in  writing,  of  all  monies  received  by  them  respectively  for  the 
use  of  the  districts  of  their  ward,  and  of  the  manner  in  which  the 
same  shall  have  been  expended,  and  to  pay  over  immediately  to 
some  one  or  more  of  their  successors  any  balance  which  shall  t^s*n^ceePaid 
appear  from  such,  account  to  be  in  their  hands  ;  and  if  they  neg-  sors. 
lect  to  render  such  account,  or  pay  over  such  balance,  they 
shall  for  each  offence  forfeit  twenty-five  dollars,  for  which  for-^0/^^ 
feiture  their  successors  in  office  shall  prosecute  without  delay  in 
their  name  of  office,  and  apply  the  monies  recovered  by  them  to 
the  use  and  benefit  of  their  district  schools. 

No.  56.  §  102. — Such  successors  shall  have  the  same  remedies  Remedy 
for  the  recovery  of  any  such  unpaid  balance  as  are  given  to  former 
commissioners  of  schools  against  a  former  commissioner,  andtrustees" 
the  monies  recovered  shall  be  applied  to  the  use  of  their  districts 
in  the  same  manner  as  if  they  had  been  paid  without  suit. 

Such  trustees  are  subject  to  the  following  forfeitures  : 

No.  57.  §  96. — For  signing  a  false  report  to  the  commissioners  ^sealrJPorrt 
of  their  ward  with  the  intent  of  procuring  for  their  ward  a 
larger  share  than  its  just  proportion  of  school  monies,  twenty- 
five  dollars  ;  and  they  shall  for  such  act  be  deemed  guilty  of  a 
misdemeanor. 

No.  5S.  [§  100.]— For  refusal  or  neglect  (as  already  men-  Kegkct. 
tioned)  to  render  an  account  or  to  pay  any  balance  to  their 
successors,  twenty- five  dollars. 

No.  59.  [§  6.] — For  refusing  or  wilfully  neglecting  to  make  Ib. 
any  report  or  to  perform  any  other  duty  required  by  law,  or  by 
regulation  or  direction  made  under  the  authority  of  any  statute, 
the  sum  of  ten  dollars  for  each  such  neglect  or  refusal.2 

No.  60.  [§  6.] — And  when  the  share  of  any  school  money  Ib 
apportioned  to  any  ward  or  any  portion  thereof,  or  any  money  to 
which  a  district  or  ward  would  have  been  entitled  shall  be  lost 
in  consequence  of  any  wilful  neglect  of  official  duty  by  any 
trustees,  they  shall  forfeit  to  the  ward  the  full  amount  with 
interest  of  any  monies  so  lost  and  shall  be  jointly  and  severally 
liable  for  the  payment  of  such  forfeiture.2 

No.  61.  [§  5.]— They  are  entitled  to  no  compensation  for  any  ^iocnompen- 
services  performed  by  them.3  uSeV0 


(1)  Law  of  1841,  Chap.  260.  (2)  Law  of  1839,  Chap.  330.  (3)  Law  of  1842. 


40 


DEPUTY  SUPERINTENDENT. 


Deputy  Superintendent  of  Schools. 

Deputy  No.  62.  [§  36.] — The  board  of  supervisors  are  to  appoint  a 
superintend- deputy  superintendent  of  common  schools  for  the  city,  (and  the 
clerk  is  to  transmit  a  certified  copy  of  his  appointment  to  the 
superintendent;)  who  shall  hold  his  office  for  two  years  subject  to 
removal  by  the  board  of  supervisors,  on  complaint  for  causes  to 
be  stated.1 

iiis  powers  No.  63.  [§  36.] — He  is  to  visit  and  examine  the  schools  under 
and  duties.  ^  cnarge  as  0ftetl  as  practicable,  having  reference  to  the  number 
of  districts  ;  to  notify  the  school  inspectors  of  the  ward  pre- 
viously of  the  time  of  his  visits  and  to  invite  them  to  join  him 
in  such  visits,  and  with  such  of  the  inspectors  as  may  attend  or 
without  them  proceed  at  any  time  to  inquire  into  all  matters 
relating  to  the  government,  course  of  instruction,  books,  studies, 
discipline  and  conduct  of  such  schools,  and  the  condition  of 
the  school  houses  and  of  the  districts  generally,  and  to  advise 
and  counsel  with  the  trustees  in  relation  to  their  duties,  and  to 
recommend  to  trustees  and  teachers  the  proper  studies,  discipline 
and  conduct  of  the  schools,  the  course  of  instruction  to  be  pur- 
sued, and  the  books  of  elementary  instruction  to  be  used  therein,1 
and  from  time  to  time  and  as  frequently  as  need  be,  to  examine 
and  ascertain  and  report  to  the  board  of  education  whether  any 
religious  sectarian  doctrine  or  tenet  shall  have  been  taught,  in- 
culcated or  practised  in  any  of  the  schools  in  the  different  wards 
in  the  city. 

No.  64.  [§  36.] — To  examine  candidates  for  teaching  and  to 
Ib-  grant  them  certificates  of  qualification  in  the  form  to  be  pre- 
scribed by  the  superintendent,  which  shall  be  evidence  of  the 
qualification  of  the  teachers  in  every  ward  of  the  city.1 
ib.  No.  65.  [§  36.] — By  and  with  the  consent  of  any  two  in- 
spectors of  any  ward  to  annul  any  certificate  granted  to  any 
teacher  in  said  ward,  whenever  such  teacher  shall  be  found 
deficient.1 

ib.  No.  66.  [§  36.] — And  generally  by  all  the  means  in  his  power 
to  promote  sound  education,  elevate  the  character  and  qualifica- 
tions of  teachers,  improve  the  means  of  instruction,  and  advance 
the  interests  of  the  schools  under  his  charge.1 

ib-  No.  67.  [§  38.] — He  shall  be  subject  to  such  general  rules  and 

regulations  as  the  superintendent  may  from  time  to  time  pre- 
scribe, and  appeals  from  his  acts  and  decisions  may  be  made  to 
the  superintendent  in  the  same  manner  and  with  the  like  effect 
as  in  cases  now  provided  bylaw,  and  he  shall  annually,  at  times 
to  be  appointed  by  the  superintendent,  make  a  report  to  him  of 


(1)  Law  of  1841,  Chap.  260. 


CLERK  OF  WARD  COMMISSIONERS. 


41 


the  whole  number  of  wards  in  the  city,  distinguishing  those 
from  which  the  necessary  reports  have  been  made  to  the  clerk 
of  the  city,  with  any  additional  information  required  by  the  su- 
perintendent ;  and  for  that  purpose  he  shall  have  access  without 
charge  to  the  reports  of  the  commissioners  filed  with  such 
clerk  1 

No.  68.  [§  39.]— He  shall  be  allowed  two  dollars  for  each  day  ttis  fees> 
necessarily  spent  in  the  discharge  of  his  duties  ;  (but  the  whole 
amount  in  a  year  shall  not  exceed  five  hundred  dollars,)  to  be 
audited  and  certified  by  the  board  of  supervisors  ;  one  half  to 
be  a  charge  upon  the  city  and  raised  like  other  charges  on  the 
city  ;  the  other  half  to  be  paid  by  the  treasurer,  on  the  warrant 
of  the  comptroller,  out  of  the  annual  surplus  appropriated  to  the 
capital  of  the  school  fund  arising  from  the  income  of  the  monies 
deposited  by  the  United  States.1 

No.  69.  [§  37.] — He  may  at  any  time  resign  his  office  to  the  if  deputy 
clerk  of  the  city,  who  may  fill  a  vacancy  from  any  cause  in  the  em  VeS1^' 
office  until  the  next  meeting  of  the  board  of  supervisors.1        im  vacancy 

ad  interim. 

The  Clerk  of  the  Commissioners  of  each  Ward. 

No.  70.  §  43. — The  clerk  of  the  Commissioners  of  each 
ward  is  to  receive  and  keep  on  file  in  his  office  all  reports  to  the  cSuJ 
commissioners  from  the  trustees,  and  all  books  and  papers  of  J-Jf™*!. 
the  commissioners.  his  duty. 

To  attend  all  meetings  of  such  commissioners  and  .  to 
prepare  under  their  direction  all  their  reports  and  to  record  the  Ib* 
same  and  their  proceedings  in  a  book  to  be  kept  for  that  purpose. 

To  receive  communications  from  the  superintendent  and 
to  dispose  of  the  same  as  therein  directed  and  to  receive  and  Ib' 
transmit  to  him  such  returns  and  papers  as  he  shall  by  regulation 
require  to  be  transmitted  by  him. 

To  transmit  to  the  clerk  of  the  city  all  such  reports  as 
may  be  made  for  him  by  the  commissioners.  Ib- 

To  call  together  the  commissioners  of  the  ward,  on  re- 
ceiving notice  from  the  clerk  of  the  city  that  they  have  not  Ib' 
made  their  annual  report,  for  the  purpose  of  making  such  report. 

And  generally  to  do  and  execute  all  such  things  as  be-  jb 
long  to  his  office  and  may  be  required  of  him  by  the  commis- 
sioners. 

No.  71.  [§  31.] — He  shall  be  allowed  in  his  accounts  for  all  Postaffeg  to 
postages  actually  paid  by  him  on  communications  from  commis-  be  allowed 
sioners  or  trustees,1  accounts. 

Clerk  of  City  and  County  of  New-  York. 
No.  72.  [§  S.] — The  clerk  of  the  city  and  county  of  New  cierkofcity 
York,  as  soon  as  he  shall  receive  notice  from  the  superintendent  fo^yXfore 
of  common  schools,  of  the  amount  of  monies  apportioned  to  the  supervi. 

1  1  1  sors  the 

notice  of 

(1)  Law  of  1841,  Chap.  260.  apportion 

6 ment 


42  SECTARIAN  DOCTRINES. 


StomtbJ  tne  cl[Y  ailc*  connty>  *°r  lne  support  and  encouragement  of  com- 
■uperintend- moil  schools  therein,  shall  immediately  lay  the  same  before  the 
schools.     supervisors  of  the  city  and  county.1 

cierk  to  give  -JVo«  73.  §  30.— If  the  commissioners  in  any  ward  shall  not 
report  not  0,1  01  Def°re  tne  first  ^aY  °*  August  in  every  year,  make  to  him 
made.       the  reports  required  by  law  as  hereinafter  mentioned,  he  shall 

give  immediate  notice  of  such  neglect  to  the  clerk  of  such 

commissioners. 

suVeSJnd  ^*  P       — ^e  *s  t0  ^  vacancies  in  the  office  of  deputy 

cmresijr'r"  'superintendent,  until  the  next  meeting  of  the  board  of  super- 

clerk  may     v\vnrv  I 
fill  vacancy  VISOrS. 

ud  interim. 

As  to  Children  entitled  to  attend,  School  and  as  to  Exemption 
from  Taxes. 

whatchii-  No.  75.  [§  12.] — All  children  between  the  ages  of  four  and 
toattSdfl<fd  sixteen,  residing  in  the  city,  shall  be  entitled  to  attend  any  of  the 
school.  common  schools  therein ;  and  the  parents,  guardians,  or  other 
persons  having  the  custody  or  care  of  such  children,  shall  not 
iu?poaacd°fore  na0^e  to  any  tax>  assessment  or  imposition  for  the  tuition  of 
tuition.      any  children,  except  as  hereinbefore  mentioned.1 

Provisions  as  to  certain  Enumerated  Schools. 

Enumerated  No.  76.  13.] — The  schools  of  the  Public  School  Society,  the 
schools  and  New-York  Orphan  Asylum  School,  the  Roman  Catholic  Orphan 

societies  •  l  j  *  x 

Asylum  School,  the  Schools  of  the  two  Half  Orphan  Asylums, 
the  school  of  the  Mechanics'  School  Society,  the  Harlem  School, 
the  Yorkville  Public  School,  the  Manhattanville  Free  School, 
the  Hamilton  Free  School,  the  Institution  for  the  Blind,  the  school 
connected  with  the  Alms  House  of  the  city  of  New- York,  and 
the  geene?ai  tne  scno°l  of  the  Association  for  the  benefit  of  Colored  Orphans, 
ofcomSSS?  are  t0  ^e  SUDJect  t0  me  general  jurisdiction  of  the  commissioners 
Bioners ;     of  the  respective  wards  in  which  any  of  the  said  schools  now 
Aeimm/-   are  or  hereafter  may  be  located,  subject  to  the  direction  of  the 
a»emenatnof  Doard  °f  education,  but  under  the  immediate  government  and 
iheirrespec-  management  of  their  respective  trustees,  managers  and  directors, 
&c,  and    'in  the  same  manner  and  to  the  same  extent  as  herein  mentioned 
Set  schSsin  respect  to  the  district  schools,  and  so  far  as  relates  to  the  dis- 
fatefftoStht  tribution  of  the  common  school  monies,  each  of  the  said  schools 
distribution  shall  be  a  district  school  of  the  city.1 

ot  school 
money. 

Sectarian  Doctrines  and  Tenets,  and  Schools  refusing-  to 

allow  visits. 

Schools  in 

which  any  jsfo.  77.  §  14,  15. — Anv  of  the  above  mentioned  schools,  or  of 
doctrine,&c.  the  district  schools,  in  which  any  religious  doctrine  or  tenet 

shall  be  ;  J  ° 


(1)  Law  of  1942.    (2)  Law  of  1841,  Chap.  260 


MISCELLANEOUS  PROVISIONS. 


43 


shall  be  taught,  inculcated  or  practised,  or  which  shall  refuse  to  JJjyJJj^JSy 
permit  the  visits  and  examinations  hereinbefore  mentioned,  shall  refusing  to 
not  be  entitled  to  any  of  the  school  money;  and  the  trustees, Ilnd'e/ami- 
inspectors  and  commissioners  of  schools  in  each  ward,  and  the  JJfrecSi 
deputy  superintendent  of  schools,  from  time  to  time,  and  as  fre- sch- ol 

f  -ii  j  x-  j  .  money. 

quently  as  need  be,  are  to  examine  ana  ascertain,  ana  report  to 
the  board  of  education,  whether  any  religious  sectarian  doctrine  Dmy  of 
or  tenet  shall  have  been  taught,  inculcated  or  practised  in  any  s0c^°^in 
of  the  schools  of  their  respective  wards.    The  board  of  educa-  relation  to 
tion,  and  any  member  thereof,  may,  at  any  time,  visit  any  of  the  offences, 
above  mentioned  schools,  or  of  the  district  schools.1 

Title  to  Sites  of  School  Houses. 

No.  78.  [§  7.]— The  title  to  all  land  purchased  by  virtue  of  the  Jl^eSI  in 
Act  of  April  11, 1842.  with  the  buildings  thereon,  shall  be  vested  the  city  and 

i        •  -I  f  t».t        tt     i    ,  county  of 

in  the  city  and  county  of  New- York.1  New- York. 

Appeal  to  Superintendent. 

No.  79.  [§  110.] — Any  person  conceiving  himself  aggrieved 
by  any  decision 

Of  commissioners  of  schools  in  refusing  to  pay  any  Appeal  to 
money  to  any  school  district ;  Xcfnien" 

Of  the  trustees  of  schools  in  paying  or  refusing  to  pay  l°hooh! 
any  teacher ; 

[§  38.] — Or  by  any  act  or  decision  of  the  deputy  superin- 
tendent ;l 

Or  concerning  any  other  matter  under  the  provisions  of 
the  Revised  Statutes  concerning  common  schools  ; 

May  appeal  to  the  superintendent  of  common  schools, 
whose  decision  shall  be  final.* 


MISCELLANEOUS  PROVISIONS. 

No.  80.  [§  33.]— In  any  suit  against  commissioners  of  schools,  Costs  in 
or  officers  of  school  districts,  for  acts  done  under  color  of  their  J^ains 
offices,  or  for  any  refusal  or  omission  of  duty,  which  might  have  school 
been  the  subject  of  an  appeal  to  the  superintendent,  the  plaintiff0  lcer>' 
shall  be  entitled  to  no  costs,  if  the  court  shall  certify  that  it  ap- 
peared on  trial  that  the  defendent  acted  in  good  faith  ;  but  this 
provision  shall  not  extend  to  suits  or  proceedings  to  enforce  the 
decisions  of  the  superintendent.2 

No.  81.  [§  15.] — A  school  for  colored  children  may  be  esta-  schools  for 

colored 
children. 

(1)  Law  of  1842.    (2)  Law  of  1841,  Chan.  250. 

*  provision  is  m  ule  by  the  Law  of  1842  for  appeal  to  the  superintendent.  The 
provisions  in  the  Revised  Statutes,  on  the  subject  of  an  appeal,  are  confined  to  par- 
ticular specified  cases,  and  to  matters  under  that  Title  of  the  Revised  Statutes. 


44 


MISCELLANEOUS  PROVISIONS. 


blished  in  any  ward,  with  the  approbation  of  the  school  com- 
missioners thereof,  to  be  under  the  charge  of  the  trustees,  who 
are  to  make  returns  to  the  commissioners  as  in  relation  to  other 
schools  ;  a  proportional  share  of  school  monies  is  to  be  appor- 
tioned and  paid  to  the  trustees  of  such  schools.    The  commis- 
sioners, in  their  reports,  are  specially  to  designate  the  schools 
for  colored  children  in  their  ward.1 
supcrinten-     No.  82.  [§  43.] — The  superintendent  is  to  cause  forms  of  re- 
foerms0toabee  ports  by  trustees  and  commissioners,  and  of  lists  of  pupils,  to  be 
printed,     printed  and  sent  to  the  county  clerk,  for  the  use  of  those  officers 
and  laws    anc*  teacners  5  an^  to  cailse  me  Revised  Laws  and  subsequent 
to  be        Laws,  respecting  schools,  to  be  printed  and  transmitted  to  school 
distributed.  commissioners,  anc[  an  other  officers  charged  with  the  perform- 
ance of  any  duty  under  its  provisions,  with  such  explanations  and 
instructions  as  may  be  deemed  expedient.1 


(1)  Law  of  1941,  Chap.  260. 


INDEX 


TO  THE 

DIGEST  OF  THE  COMMON  SCHOOL  LAWS 

APPLICABLE  TO  THE  CITY  AND  COUNTY  OF  NEW-YORK. 


[For  a  more  copious  and  detailed  Index  to  the  Laws  relating  to  Common  Schools  in  the  City  and  County 
of  New- York,  see  the  Index  affixed  to  the  COMPILATION  of  these  laws  contained  in  the  former  part  o"f 
this  volume.] 


{Qr  IN  THIS  INDEX  THE  FIGURES  RELATE  TO  TOE  SEVERAL  SECTIONS  AS  NUMBERED. 


Board  of  Education. 


No 


Colored  Children. 


Its  constitution,  

officers,   7 1 

meetings,.   7 

powers  and  duties,  8,  9, 11,34 

Board  of  Supervisors. 

Their  duties  with  regard  to  raising  and 

disposing  of  sckool  money  MAre  also  inspectors 

To  appoint  deputy  superintendent,  3,  62  Tn  rfirfiivft  £o  rnm 

lo  fix  certain  fees  and  compensations,  ■  '7,  6S| 


No. 

Schools  provided  for  them,   81 

Commissioners. 

Theirelection,   2 

powers  and  duties,  12,  14,  15,  16,  17,  18, 
19,  20,  21,  22,  23,  24,  31,  34..  35,  36 

To  give  bonds,   13 

Their  liabilities  and  forfeitures,  25,  26,27 

28,  33 

Manner  of  holding  school  property,   29 

  30 

To  receive  no  compensation,   32 


C. 

Chamberlain. 


13. 


Deputy  Superintendent. 

|His  appointment,   3,62,69 

His  duties  with  regard  to  school  money,  4,  36  Tenure  of  office,  3,  62 


Children  Entitled 
To  participate  in  the  advantages  of  com- 
mon schools,  S) 


75 


Enumerated  Schools. 

Description  of  these  schools,   76 

Their  liabilities,  privileges  and  govern- 


mont, 


Clerk  of  City  and  County. 

His  power  to  appoint  deputy  superinten- 
dent to  fill  vacancy,  69,  74 

His  powers  and  duties  with  regard  to 
schools  and  school  money,  72,  73 

Glerk  of  the  Board  of  Education. 

His  appointment,   7 

compensation,  •   7 

Clerk  of  the  Ward  Commissioners. 
His  duties,   70 

To  be  allowed  his  postages,   71|  When  to  act  jointly  with  commissioners, 


Resignation  and  vacancy,  3,  69 

Powers  and  duties^.  63,  64,  65,  66,  67 

Compensation,   68 


I. 

Inspectors. 

Theirelection,   2 

powers  and  duties,  37,  38,  39,  40,  41,  42,  43 

37 


46 


INDEX. 


Commissioners  are  also  inspectors,  

Allowed  no  compensation,  

S. 

School  Property. 

Title  to,.  

How  held  by  certain  officers,  29, 

Sectarian  Doctrines,  5fC. 
Provisions  of  law  against  teaching,  &c. 
sectarian  doctrines;  &c,  

Suits  and  Costs. 
Costs  in  suits  against  school  officers, 

Superintendent  of  Common  Schools. 
His  power  with  respect  to  schools  not  re- 
ceiving an  appropriation  of  money,  •  •  • 


No.  |  No. 
30  Has  directive  and  appellate  power  over 

44j    deputy  superintendent..   67 

'Appeals  to  him   79 


Certain  duties  imposed  on  him 


82 


Teachers. 

Their  qualification  and  certificate,  39.  40,  41, 

52,  64 

Their  employment  and  payment,   48 

Trustees. 

Their  election,   2 

powers  and  duties,  45,  46,  47.  48,  49,  50, 

51,  53,  55,  66 

Manner  of  holding  school  properly,.  ••  •  54 
Their  penalties  and  forfeitures,  07,  58,  59,  60 
To  receive  no  compensation   01 


OBSERVATIONS 


ON  THE 

COMPILATION  AND  DIGEST. 


OBSERVATIONS 

ON  THE 

COMPILATION  AND  DIGEST, 


The  Act  of  April  11th,  1842,  Chapter  150,  has,  apparently,  been 
drawn  without  a  minute  and  careful  attention  to  the  various  provi- 
sions of  the  Revised  Statutes  respecting  common  schools,  and  of  the 
subsequent  Acts  on  the  same  subject.  On  this  account,  it  is  not 
easy,  in  some  cases,  to  determine  how  far  the  general  law  is  applica- 
ble, consistently  with  the  Act  of  1842,  to  this  city.  And,  although 
much  care  and  consideration  have  been  bestowed  upon  the  different 
sections  of  the  Revised  Statutes  and  subsequent  Acts,  in  order  that  a 
just  discrimination,  so  far  as  possible,  might  be  made  between  those 
which  are  applicable  to  the  city  and  consistent  with  the  Act  of  1842, 
and  those  which  are  not,  yet,  with  regard  to  some  of  those  sections, 
different  persons  will  probably  entertain  different  opinions. 

When  a  section  cannot  be  accommodated  to  the  circumstances  of 
the  city  and  the  Act  of  1842,  without  violence  to  the  language  and 
terms  used  in  it,  it  has  been  omitted,  although  it  might  be  probable 
that  the  Legislature  would  have  adopted  it,  with  the  necessary  modi-^ 
fications,  if  their  attention  had  been  directed  to  the  subject.  The 
power  to  make  such  modifications  belongs  only  to  the  Legislature. 

But  it  has  been  considered  as  most  consistent  with  the  spirit  and 
purpose  of  the  Act  of  1842,  the  object  of  which,  as  declared  by  its 
Title,  is  to  extend  to  this  city  the  provisions  of  the  General  Act  in 
relation  to  Common  Schools,  to  regard  all  sections,  requiring  only 

7 


50  ,  OBSERVATIONS  ON 


slight  verbal  alterations,  as  actually  incorporated  by  that  Act  in  the 
Common  School  system  of  the  city. 

Upon  two  points,  it  seems  proper  that  a  more  particular  explana- 
tion should  be  given. 

By  the  Revised  Statutes,  Art.  7,  Title  2,  Chap.  15,  Part  1,  the 
Corporation  of  the  city  of  New- York  was  authorized  to  raise  a  sum 
of  money  annually  for  the  support  of  schools  in  the  city,  and  once  at 
least  in  three  years  to  designate  the  societies  or  schools  which  should 
be  entitled  to  receive  a  share  of  the  school  monies,  and  to  prescribe 
the  rules  and  restrictions  under  which  such  monies  should  be  re- 
ceived by  such  schools  respectively. 

The  Corporation  was  also  authorized  to  appoint  Commissioners 
of  School  Monies,  (one  from  each  ward,)  to  whom  the  Trustees  of 
the  schools  that  might  thus  be  designated  as  entitled  to  the  school 
monies  were  to  make  annual  reports,  and  who  had  various  duties  to 
perform  in  relation  to  those  schools  ;  such  as  the  apportionment  and 
payment  of  the  school  monies  ;  a  semi-annual  visitation  and  examina- 
tion of  the  schools,  &c. 

These  provisions  relate  to  the  money  to  be  thus  raised  by  the 
Corporation  ;  to  the  schools  to  be  designated  by  the  Corporation  ;  and 
to  the  Commissioners  of  such  school  monies,  who  are  to  be  appointed 
by  the  Corporation,  and  whose  duties  extend  to  no  other  schools  than 
those  thus  designated.  To  apply  these  provisions  to  the  schools 
named  in  the  Act  of  1842  and  to  the  Board  of  Education,  cannot  be 
done  without  taking  greater  liberties  in  the  alteration]  and  accom- 
modation of  the  terms  of  the  law  to  these  new,  though  very  simi- 
lar objects,  than  seems  compatible  with  the  mere  duty  of  compiling 
and  digesting  the  law.  These  provisions  have,  therefore,  been 
omitted. 

But  as  it  is  necessary  that  the  number  of  children  between  four 
and  sixteen  years  of  age,  attending  the  schools  specified  in  the  thir- 
teenth section  of  the  Act  of  1842,  should  be  annually  ascertained 
and  reported  to  the  board  of  education,  in  order  that  an  apportionment 
of  the  school  money  may  be  made  for  them,  it  would  probably  be 


THE  COMPILATION  AND  DIGEST.  51 

best  as  it  certainly  would  be  safe,  for  the  trustees  of  those  schools  to 
furnish  to  the  board  of  education  annual  reports  in  the  same  form 
that  was  required  of  the  schools  designated  by  the  corporation.  It 
would  be  advisable  that  these  reports  should  be  in  duplicate  ;  one  to 
be  delivered  to  the  commissioners  of  the  ward  in  which  the  school  is 
situated,  to  be  transmitted  by  them  to  the  Board  of  Education  ;  the 
other  to  be  transmitted  directly  to  the  Board  by  the  Trustees  them- 
selves. 

The  law  respecting  district  libraries  does  not  appear  to  be  adapted 
to  the  circumstances  of  the  city  or  the  provisions  of  the  Act  of  1842. 
It  is  not  deemed  necessary  to  mention  all  the  reasons  for  this  opinion  ; 
the  following  are  supposed  to  be  sufficient. 

To  give  effect  to  this  law,  a  tax  must  be  laid  on  the  district  at  a 
district  meeting  of  the  taxable  inhabitants.  For  this  purpose  districts 
must  be  formed  with  defined  territorial  limits.  The  tax  is  to  be  in- 
considerable ;  not  exceeding  twenty  dollars  the  first  year  or  ten 
dollars  any  subsequent  year.  To  insure  the  collection  of  this  tax,  in 
the  minute  sums  payable  by  the  taxable  inhabitants  severally,  a  col- 
lector must  be  appointed  and  a  complicated  system,  comprehending 
provisions  for  assessment  and  sale  of  property,  must  be  put  in  opera- 
tion, as  will  appear,  on  a  perusal  of  the  law  respecting  district  libraries. 
In  the  country,  where  district  meetings  and  a  district  tax  are  required 
for  other  purposes,  and  where  the  circumstances  in  various  respects 
are  so  different  from  the  city,  these  objections  do  not  apply.  It  is 
evident,  however,  from  various  considerations,  that  neither  districts 
with  territorial  limits,  nor  district  meetings  of  the  taxable  inhabitants 
are  within  the  intention  of  the  Act  of  1842. 

A  district  school  in  a  town  is  for  the  benefit  of  children  of  that 
district  only,  and  the  use  of  the  district  library  is  confined  to  the 
inhabitants  of  the  district ;  a  distinction  quite  incompatible  with  the 
spirit  and  provisions  of  the  Act  of  1842,  which  allows  children 
residing  in  any  part  of  the  city  to  attend  any  district  school  they 
please. 

These  remarks  are  equally  applicable  to  the  provisions  for  the 
purchase  of  maps,  globes,  and  other  school  apparatus. 


BY-LAWS 


FOR  THE  GOVERNMENT  OF  THE 

BOARD  OF  EDUCATION 

OF 

THE  CITY  OF  NEW-YORK. 


First — Regular  quarterly  meetings  shall  be  held  on  the  second 
Tuesday  in  January,  the  first  Tuesday  in  April,  and  second  Tues- 
days of  July  and  October,  at  5  o'clock,  P.  M.,  at  such  place  as  may 
be  designated  by  the  Corporation  of  the  City  of  New  York. 

Second. — A  majority  of  the  Board  shall  constitute  a  quorum,  and 
when  this  number  are  present  the  roll  shall  be  called  precisely  at  the 
time  appointed  for  meeting. 

Third. — The  schools  north  of  Forty-second-street  shall  be  regu- 
larly visited  in  April  and  October ;  the  residue  in  March  and  No- 
vember. 

Fourth. — The  President  shall  divide  the  Board  into  Visiting 
Committees  of  at  least  two  members,  whose  duty  shall  be  to  visit 
such  schools  as  may  be  assigned  to  them,  as  often  as  need  may  re- 
quire, in  addition  to  the  provisions  of  the  preceding  section,  to  possesg 
themselves  fully  as  to  the  condition  of  the  said  schools,  to  keep  such 
notes  of  their  visits  as  will  enable  them  to  give  information  to  the 
Board  as  to  the  condition  of  any  or  all  the  schools  assigned  to  them. 

Fifth. — The  President  shall  appoint  annually  the  following 
Standing  Committees,  to  consist  of  three  members  each. 

1.    An  Auditing  Committee  on  accounts  and  expenditures,  whose 


54  BY-LAWS. 

duty  it  shall  be  to  prepare  and  certify  all  claims  for  presentation  to 
the  Board  of  Supervisors. 

2.  A  Committee  to  examine  the  reports  of  the  several  schools 
entitled  to  a  proportion  of  the  school  money,  whose  duty  it  shall  be 
to  report  on  each  claim  previous  to  the  distribution  in  each  and  every 
year. 

3.  A  Committee  to  prepare  the  Annual  Report. 

4.  A  Committee  on  reports  of  Ward  Commissioners  relative  to 
the  establishment  of  schools  by  them  and  the  Ward  Inspectors,  in 
conformity  with  the  act  creating  this  Board,  and  "  in  addition  to  the 
schools  mentioned  in  the  13th  section"  thereof. 

5.  A  Committee  of  Conference  with  the  Trustees  of  any  or  all 
the  schools  named  in  the  13th  section  of  the  law  establishing  this  body. 

Sixth. — The  President  may  call  special  meetings  when  he  con- 
siders them  necessary,  or  on  the  request  of  any  Jive  Commissioners, 
and  the  Clerk  shall  serve  notices  of  these  and  all  other  meetings  upon 
each  member. 

Seventh. — The  Clerk  shall  have  possession  of  all  books  and  pa- 
pers belonging  to  the  Board,  provide  the  necessary  stationery,  &c, 
keep  a  faithful  record  of  all  proceedings,  attend  all  Committees  when 
required,  and  perform  such  other  duties  as  may  be  assigned  him  by 
the  Board. 

Eighth. — Notice  of  any  proposed  alteration  of  these  By-Laws 
must  be  given  at  least  one  meeting  previous  to  the  time  of  action 
thereon. 


» 


RULES  AND  ORDERS 


FOR  THE  GOVERNMENT  OF  THE 

BOARD  OF  EDUCATION 

OF 

THE  CITY  OF  NEW- YORK. 


First. — In  the  absence  of  the  President,  another  shall  be  appoint- 
ed in  his  place  fro  tem.,  and  whenever  the  President  has  occasion  to 
leave  the  chair,  he  may  substitute  some  member  present  in  his  place. 

Second. — When  there  is  a  quorum  present,  and  the  President  is 
not  among  them,  the  meeting  shall  be  called  to  order  by  another 
member. 

Third. — The  minutes  of  the  last  meeting  shall  be  read  by  the 
Clerk  before  proceeding  to  any  other  business. 

Fourth. — The  President  in  all  cases  has  the  right  of  voting. 
When  the  Board  shall  be  equally  divided  including  his  vote,  the 
question  shall  be  lost. 

Fifth.— -No  member  shall  absent  himself  from  the  meeting  with- 
out permission  from  the  President. 

Sixth. — When  the  Clerk  is  not  present  a  member  of  the  Board 
shall  be  appointed  to  perform  his  duties  at  the  meeting. 

Seventh. — The  President  shall  decide  questions  of  order,  subject 
to  an  appeal  to  the  Board. 

Eighth. — When  two  or  more  members  rise  at  one  time,  the  Presi- 
dent shall  designate  the  member  who  is  first  to  speak, 


56  RULES  AND  ORDERS. 

Ninth.— No  member  shall  speak  more  than  twice  to  the  same 
question  without  leave  of  the  Board,  nor  more  than  once  until  every 
member  choosing  to  speak  shall  have  spoken. 

Tenth. — No  question  shall  be  debated  or  passed  upon  unless  the 
same  be  seconded ;  when  a  motion  is  seconded  it  shall  be  stated  by 
the  Chairman  before  debate,  and  every  such  motion  shall  be  reduced 
to  writing  if  any  member  desire  it. 

Eleventh. — Every  member  who  shall  be  present  when  a  ques- 
tion is  put,  shall  vote  for  or  against  the  same,  unless  excused  by  the 
Board. 


